Obligations and Their Requisites

Article 1156: Obligations

• An obligation is a juridical necessity to give, to do, or not to do.
• It's derived from the Latin word obligatio, meaning tying or binding.
• Obligations involve a tie or bond that binds one party to another to render something. This can include giving a thing, performing an action, or refraining from an action.

Essential Requisites of an Obligation

• Passive Subject (Debtor/Obligor): The person bound to fulfill the obligation.
• Active Subject (Creditor/Obligee): The person entitled to demand fulfillment.
• Object/Prestation: The subject matter of the obligation. This can be giving, doing, or not doing.
• Juridical/Legal Tie: The efficient cause or the connection binding the parties to the obligation.

Article 1157: Sources of Obligations

• Law: Obligations imposed by law itself.
• Contracts: Obligations arising from agreements or stipulations between parties.
• Quasi-Contracts: Obligations based on a retroactive arrangement between parties lacking previous agreements.
• Quasi-delicts: Obligations arising from fault or negligence when no contractual relationship exists between parties.

Article 1158: Obligations from Law

• Obligations from law are not presumed.
• Examples include legal obligations, like a private school not being obligated to provide clothing allowances to teachers as there is no law specifying this.

Article 1159: Contractual Obligations

• Obligations from contracts have the force of law between parties.
• These obligations must be fulfilled in good faith.
• A contract acts as a meeting of minds between two persons where they are bound to give something or render services.

Article 1160: Quasi-Contracts

• Quasi-contracts result from lawful, voluntary, and unilateral acts creating a juridical relationship binding parties.
• No previous obligation exists between parties.
• Kinds of quasi-contracts:
  • Negotiorum gestio: Voluntary management of another's property/affairs without knowledge/consent.
  • Solutio indebiti: Something is received when there's no right to claim it, by mistake.

Article 1161: Obligations from Criminal Offenses

• Civil liabilities arising from criminal offenses are governed by penal laws.
• Scope of civil liability:
  • Restitution: Returning the stolen or damaged property.
  • Reparation: Payment for damages caused.
  • Indemnification: Payment for consequential damages.

Article 1162: Obligations from Quasi-Delicts

• Obligations from quasi-delicts (negligence and fault) are governed by special laws.
• Requisites of quasi-delicts:
  • An act or omission.
  • Fault or negligence.
  • Damage caused.
  • Direct relation/connection between act/omission and damage.
  • No pre-existing contractual relation.

Article 1163: Obligations to Deliver a Thing

• A person who is obligated to deliver a specific thing has a responsibility to take care of it with the prudence of a good father of a family.

Article 1164: Creditor's Right to Fruits

• The creditor is entitled to fruits (natural, industrial, civil) of the thing from the time the obligation to deliver it arises.

Article 1165: Remedies of Creditor in Real Obligations

• Specific real obligation: Demand specific performance, rescission or cancellation, or damages.
• Generic real obligation: Similar to specific obligations but less specific performance options; general types of obligations.

Article 1166: Delivery of Accessions and Accessories

• The obligation to deliver a determinate thing includes its accessions and accessories.

Article 1167: Obligations to Do

• If the obligor fails to do their obligation, the obligation will be executed at their expense.
• Remedies of Creditor: specific performance, damages, or forcing someone else to do the work.

Article 1168: Negative Obligations

• The obligor, if they do what they were obligated not to do, the corresponding act must be undone at their expense.

Article 1169: Delay (Mora)

• Delay occurs when the obligor fails to perform their obligation at the stipulated time.
• It can be ordinary (failure to perform at the agreed upon time) or legal (failure causing breach of contract).
• Requisites of delay for the debtor:
  • Obligation is demandable.
  • The debtor fails to perform.
  • Demand was made.

Article 1170: Liability for Damages

• The obligor is liable for damages through fraud, negligence, or delay.

Article 1171: Fraud

• Fraud is demandable and any waiver for future fraud are void.
• Obligations from fraud are demandable regardless of type.

Article 1172: Negligence

• Negligence in fulfilling obligations is also demandable.
• Waiver of action for future negligence is permitted unless the obligation requires extraordinary diligence.

Article 1173: Kinds of Negligence

• Contractual Negligence (culpa contractual): Negligence in contractual obligations.
• Civil Negligence (culpa aquiliana): Negligence that gives rise to civil obligations between parties with no pre-existing contract.
• Criminal Negligence (culpa criminal): Negligence resulting in criminal offenses.

Article 1174: Fortuitous Events

• A fortuitous event is an unexpected event that cannot be foreseen or is inevitable.
• A fortuitous event relieves the obligor of liability for non-performance.

Article 1175: Usurious Transactions

• Usurious transactions are prohibited by law.
• Charging excessively high interest rates is prohibited.

Article 1176: Presumptions

• Presumptions are inferences based on a fact that is known.
• Presumptions in obligations are used when there is no proof.

Article 1177: Creditor's Remedies

• Creditors can take actions to ensure they are paid, like going after assets or executing the contract.

Article 1178: Transmissibility of Rights

• Rights and obligations related to the obligation may be transferred, unless prohibited by law or contract.

Article 1179: Pure Obligations

• Pure obligations are immediately due and demandable, not dependent on any condition or period.

Article 1180: Obligations with a Period (Term)

• Obligations with a period are not considered conditional, but are due once the specified period arrives.

Article 1181 -1187: Conditional Obligations

• Suspensive condition: The obligation is effective (or not) based on a condition occurring (or not).
• Resolutory condition: The obligation is extinguished (or not) based on a condition occurring (or not).
• Kinds of conditions:
  • Potestative: Dependent on the will of one party.
  • Casual: Dependent on the chance of a third party.
  • Mixed: Dependent on the will of one party and events beyond that party.

Article 1188

• Creditors may take action to protect their interests before the happening of a condition.
• Debtors may recover funds paid in advance by mistake before a condition is met.

Article 1189: Loss or Deterioration of the Thing

• Loss or deterioration of an object without fault does not relieve the obligor from their obligation.
• Loss or deterioration with fault does have implications for liability.

Article 1190: Resolutory Condition

• When the condition is met, the obligation is immediately extinguished; effect is retroactive and covers all rights and duties created by the obligation since its inception.

Article 1191: Breach of Reciprocal Obligations

• If one party breaches a reciprocal obligation, the other party can choose to either compel performance or rescind the contract (with damages).
• If both parties breach, the court will consider circumstances to determine which party is primarily at fault and to distribute damages accordingly.

Article 1192: Multiple Breaches in Reciprocal Obligations

• When both parties breach a reciprocal obligation, the courts will consider the situation to equitably distribute the liability.

This quiz explores the concept of obligations, including their definitions, essential requisites, and sources. Understand the roles of debtors, creditors, and the legal ties that bind them in fulfilling obligations. Perfect for law students or anyone interested in legal principles.