OBLIGATION

a juridical necessity to give,

to do, and not to do
KINDS OF OBLIGATION

01 Natural obligation

02 Moral obligation

03 Civil obligation
.
ELEMENTS OF OBLIGATION

01 Parties

02 Object

03 Juridical tie
.
SOURCES OF OBLIGATION
01 Law

02
Contracts

Quasi-Contract
03 a. Negotiorum gestio
b. Solutio indebiti

04 Delict

05 Quasi-Delict
DUTIES OF THE DEBTOR/OBLIGOR

A. OBLIGATION TO GIVE A SPECIFIC THING

01 to deliver the specific thing

to preserve the thing with the DUE DILIGENCE OF

02
THE GOOD FATHER OF THE FAMILY

03 to deliver the accessions and accessories

B. OBLIGATION TO GIVE A GENERIC THING

to deliver the thing of the same kind and quality

01
DUTIES OF THE DEBTOR/OBLIGOR

C. OBLIGATION TO DO

01 To perform the act as promised

Not to substitute it
02
DUTIES OF THE DEBTOR/OBLIGOR

D. OBLIGATION TO DO

01 not to perform the conduct prohibited

if the debtor does what has been forbidden, then it

02
must be undone at the expense of the debtor
DELAY

failure to perform the obligation in

due time.
KINDS OF DELAY

Mora solvendi
01

Mora accepiende
02
.

Compensation morae
03
GR: NO DEMAND, NO DELAY
ER:

when the obligation/ the contract/ the law

01
expressly so declares

Time is of the essence

02

In reciprocal obligation, when one of the parties

03
fulfills his obligation
FORTUITOUS EVENT
Independent from the human will
01

02 Impossible to be foreseen, and although foreseen,

it is inevitable.

It is impossible for the debtor to deliver the thing

03
in a normal way

The debtor has no concurrent fault (not in delay,

04
not negligent)
Even if there is Fortuitous
Event, debtor is still liable:
if there is a law that expressly provides for it
01

02 if it is expressly stipulated by the parties

when the nature of the obligation requires the

03
assumption of risk
EXTINGUISHMENT OF OBLIGATION

01 Payment or performance

Loss of the thing due

02

03 Condonation or remission of debt

Compensation
04
EXTINGUISHMENT OF OBLIGATION

05 Novation

06 Annulment

07 Rescission

08 Fulfillment of resolutory condition

09 Prescription
CONTRACTS
1. Meeting of the minds
2. whereby one of the parties or both
of them will bind themselves
3. To give something or to render
service
STAGES OF CONTRACT

Preparatory stage
01

02 Perfection stage

Consummation stage
03
PERFECTION OF CONTRACT
Consensual contract
01
Upon meeting of the minds of the parties

02 Real Contract
Upon delivery of the thing

Solemn/Formal Contract
03
When it is reduced in writing or in public instrument
ESSENTIAL ELEMENTS OF A
CONTRACT
Consent
01

02 Object

Cause or Consideration
03
Formal/Solemn Contract
Consent
01

Object.
02

Cause or Consideration
03

In writing or in Public Instrument

04
Real Contract
Consent
01

Object.
02

Cause or Consideration
03

Delivery of the thing

04
CHARACTERISTICS OF A CONTRACT

01 Autonomy or Liberty of Contracts

02 Consensuality of Contracts

03 Mutuality of Contracts

04 Obligatory Force of Contracts

05 Relativity of Contracts
DEFECTIVE CONTRACTS
01 Rescissible Contract

02 Voidable Contract

03 Unenforceable Contract

04 Void Contract
 -end-

Thank you!