GENERAL PROVISIONS

Article 1156-1162

 Juridical Necessity - importance of complying to the agreement.

 Essential requisites of obligation: PALO

 Passive Subject - debtor, obliged to give, to do, or not to do

 Active Subject - creditor, obliged to receive the object or prestation

 Object or Prestation - what should be given, what should be done, or not be done

 Real obligation - to give

 Positive Personal Obligation - to do

 Negative Personal Obligation - not to do

 Law - a rule of conduct or action

 Contracts - agreement, meeting of the minds of the parties

 Quasi-contracts - voluntary, unilateral acts (one person is obliged to give back)

 Crimes/Delicts - has a criminal and civil liability

 Quasi-delicts - there is only negligence, civil liability (obliged to pay)

 Legal Obligations - obligations arising from law

 Contractual Obligations - obligations derived from contracts

 Compliance in good faith - following the terms of agreement

 Negotiurum gestio - voluntary management of property

 Solutio Indebiti - obligation to return what is delivered through mistake

 Crimes which caused material damage - criminal liability (jail) + civil liability (penalty)

 Crimes with no material damage - criminal liability

 Restitution - return or pay the value of a thing

 Reparation - pay the damages of a thing

 Indemnification - pay other damages caused by the crime

NATURE AND EFFECTS OF OBLIGATIONS

Article 1163-1178

 Specific/determinate thing - particular, walang kaparehas, irreplaceable

 Generic/indeterminate thing - have the same kind, replaceable

 Natural fruits - fruits with no human intervene

 Industrial Fruits - produced by land through cultivation or labor.

 Civil fruits - derived by virtue of juridical relation. (contract)

 Real right - right or interest over a specific thing of another person under the law

 Personal right - right to personally demand from another the fulfillment of the obligation to

give, to do, or not to do

 Specific real obligation - obligation to deliver a determinate thing

 Generic real obligation - obligation to deliver an indeterminate thing

 Accessions - additions to or improvements upon a principal thing (trees on a land) a thing

can be useful even without the accessions

 Accessories - joined to or included with the principal thing (charger of a phone) if wala ang

accessories, hindi gagana ang principal thing

 Contravention of the tenor - poorly done; different from expectation

 Reciprocal obligations - both parties have an obligation to each other.

 Ordinary delay - failure to perform an obligation on time.

 Legal Delay or Default (Mora) - failure to perform an obligation on time which failure

constitutes a breach of the obligation.

 Mora Solvendi - delay on the part of debtor to fulfill his obligation.

 Mora Accipiendi - delay on the part of the creditor to accept the performance of the

obligation.

 Compensatio Morae - delay of obligors in reciprocal obligations

 Damages - monetary compensation for loss or injury to a person caused by the wrongful act

of another.

 Fraud - intentional evasion of the normal fulfillment of an obligation

 Negligence - any voluntary act or omission, there being no bad faith or malice, which

prevents the normal fulfillment of an obligation.

 Delay (Mora) - failure to perform an obligation on time which failure constitutes a breach of

the obligation.

 Contravention of the Tenor of the Obligation (Terms) - violation of the terms and conditions

stipulated in the obligation which is not due to a fortuitous event.

 Contractual Negligence (Culpa Contractual) - negligence in contracts resulting in their breach

 Civil Negligence (Culpa Aquiliana) - quasi-delict or tort (to pay)

 Criminal Negligence (Culpa Criminal) - negligence resulting in the commission of a crime.

 Fortuitous events (force majeure) - event which cannot be foreseen, or which though

foreseen, is inevitable.

 Acts of Man - event independent of the will of the obligor but not of other human wills.

 Acts of God - totally independent of the will of every human being

 Ordinary events - events that are common; could reasonably foresee (rain, etc.)

 Extra-ordinary events - events that are uncommon; could not reasonably foresee

(earthquake, etc.)

 Simple loan or Mutuum - money or thing paid with interest

 Usury - receiving interest more than the amount allowed by law

 Presumption - interference of a fact not actually known (assuming based on facts)

 Conclusive Presumption - cannot be contradicted even if your provide evidence.

 Disputable or rebuttable presumption - can be contradicted or rebutted by presenting proof

to the contrary.

PURE AND CONDITIONAL OBLIGATIONS

Article 1179-1192

 Pure Obligation – have no condition or period/term; fulfillment is made to depend.

 Conditional Obligation – kind of obligation which is subject to condition which may or may

not happen.

 Condition – future and uncertain event; the existence or extinguishments of an obligation is

made to depend but must not be impossible.

 Suspensive condition - the fulfillment of condition gives rise to the obligation, if not fulfilled,

no obligation will arise.

 Resolutory condition - the fulfillment of condition extinguishes the obligation which is

already existing.

 Obligation with a period - debtor pays when his means permit him to do so.

 Period - future and certain event; when the obligation either arises or is extinguished.

 Article 1197 - the court may fix the duration of period.

 Acquisition of Rights (suspensive condition)- fulfillment of condition first before exercising

the obligation.

 Loss of Rights already acquired (resolutory condition) - obligation is exercised first and will

end after fulfilling the condition.

 Potestative – condition depends upon the will of the debtor/creditor (contracting parties).

 Casual – condition depends upon chance or upon the will of the third person.

 Mixed – condition depends upon chance and the will of a third person.

 Positive – when the condition involves the doing of an act. (Art. 1184)

 Negative – when the condition involves the omission of an act. (Art. 1184)

 Divisible – when the condition is susceptible of partial performance.

 Indivisible – when the condition is not susceptible of partial performance.

 Conjunctive – when there are several conditions in an obligation and all of which must be

performed.

 Alternative – when there are several conditions in an obligation but only one must be

performed.
 Express – when the condition is expressly stated.

 Implied – when the condition is not expressly stated but merely inferred from the conduct of

the parties.

 Possible – when the condition is capable of fulfillment according to nature, law, public policy

or good customs. (Art. 1183)

 Impossible – not capable of fulfillment according to nature, law, public or good customs.

(Art. 1183)

 Physically Impossible Condition - by nature cannot exist or cannot be done.

 Legally Impossible Condition - contrary to law, morals, good customs, public order, or public

policy.

 Retroactive - taking effect from a date in the past.

 Physical Loss - thing perishes (destroyed, burned)

 Legal Loss - thing goes out of commerce or when a legal thing becomes illegal

 Civil Loss - thing disappears in such a way that its existence is unknown or cannot be

recovered.

 Rescind - take back, cancel

 Unilateral - only one is obliged to comply.

 Bilateral - both parties are mutually bound to each other.

 Infractor - violator

OBLIGATION WITH A PERIOD

Article 1193 - 1198

 Period - future and certain event

 Suspensive Period (Ex Die) - the obligation begins only from a day certain upon the arrival of

the period. (magsstart palang yung obligation after the period)

 Resolutory Period (In Diem) - the obligation is valid up to a day certain and terminates upon

the arrival of the period. (mag-eend na yung obligation after the period)
 Legal period - provided by law

 Conventional or voluntary period - agreed to by parties

 Judicial Period - fixed by the court

 Definite Period - when it is fixed or its exact date or time is known

 Indefinite Period - when it is not fixed and its exact date or time is unknown

 Judicial Period - period fixed by the court

 Contractual Period - period fixed by the contracting parties.

ALTERNATIVE OBLIGATIONS

Article 1199 - 1206

 Alternative obligations - has many prestations or objects as options and you must

completely perform one of them, giving of portions are not allowed.

 Prestation - it is the object of the contract

 Simple Obligation - with only one prestation.

 Compound Obligation - obligation with two or more prestations.

 Conjuntive - all prestations are due.

 Distributive - where two or more of the prestations are due.

 Alternative - several prestations are due but the performance of one is sufficient.

 Facultive - only one of the prestations is due but the debtor may substitute another.

 Rescission - creates the obligation to return the things which were the object of contract

(with fruits & price with its interest); who demands must be able to return what is needed.

(Art. 1385)