Article 1156: Obligations
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Questions and Answers

In the context of obligations, what does the phrase 'juridical necessity' imply regarding the debtor's responsibility?

It implies that the debtor is legally bound to perform the obligation; otherwise, the creditor can enforce fulfillment through legal action.

Differentiate between an obligation 'to give,' 'to do,' and 'not to do,' providing a brief example for each.

To give involves delivering a specific thing (e.g., selling a car). To do involves performing a particular service or act (e.g., painting a house). Not to do involves refraining from a specific act (e.g., not building a fence above a certain height).

Explain how an obligation, as defined in Article 1156, differs from a moral duty or social responsibility.

An obligation is legally enforceable, meaning legal action can be taken if it is not fulfilled. A moral duty or social responsibility is based on ethics or social norms and does not have legal recourse for non-compliance.

If a contract stipulates an obligation 'not to do,' what potential legal ramifications could arise if the obligor violates this obligation?

<p>If the obligor violates an obligation 'not to do', they may be liable for damages, specific performance (if applicable), and potentially other legal penalties as outlined in the contract or by law.</p> Signup and view all the answers

Considering Article 1156, describe a scenario where the failure to fulfill an obligation 'to do' could result in a court ordering specific performance.

<p>If a renowned artist is contracted to paint a portrait and refuses to do so, a court might order specific performance, compelling the artist to complete the painting, especially if no other artist can replicate their unique style.</p> Signup and view all the answers

Flashcards

What is an obligation?

A legal duty to give, do, or not do something.

Relevant law for obligations

Article 1156 defines obligations as juridical necessities.

Obligation 'to give'

An obligation to transfer ownership of something to another person.

Obligation 'to do'

An obligation to perform an action or service.

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Obligation 'not to do'

An obligation to abstain from doing a particular act.

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Study Notes

  • Obligation is a juridical necessity
  • It entails a legal duty to perform an action
  • The action can be to give something
  • The action can be to do something
  • The action can be to not do something
  • This is according to Article 1156 of the Civil Code of the Philippines

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Description

Obligations are a juridical necessity as stated in Article 1156 of the Civil Code of the Philippines. These obligations involve a legal duty to perform an action. The action may involve giving, doing, or not doing something.

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