Obligations in Law and Ethics

Study Notes

Obligation is a juridical necessity to give, to do, or not to do.
Obligation implies a legal sanction for non-compliance, which can be enforced through judicial due process.
An obligation arises from a contract but does not always need one.
Damages are a sum of money given as compensation for injury or harm suffered by the obligee due to a violated right.

Civil obligation: enforced in court through action based on law.
Natural obligation: cannot be enforced in court but authorizes retention of voluntary payment.
Moral obligation: sanctioned by conscience, morality, or the law of the church.

From the viewpoint of the sanction:
- Civil obligation: based on law, sanctioned by judicial due process.
- Natural obligation: based on equity and natural law, sanctioned by conscience.
- Moral obligation: based on conscience or morality, sanctioned by conscience or the law of the church.
From the viewpoint of the persons obliged:
- Unilateral: only one party is bound (e.g. Plato owes Socrates P1,000).
- Bilateral: both parties are bound (e.g. a contract of sale where the buyer is obliged to deliver).
  - Reciprocal performance: performance by one party depends on the other’s performance.
  - Non-reciprocal: performance by one party is not dependent on the other’s performance.

Active subject (Creditor/Obligee): the person demanding the performance of the obligation.
Passive subject (Debtor/Obligor): the one bound to perform the prestation.
Prestation (to give, to do, or not to do): the object of the obligation; conduct required by the debtor.
- To give: delivery of a thing (e.g. sale, deposit, pledge, donation).
- To do: works or services (e.g. contract for professional services).
- Not to do: refraining from doing certain acts (e.g. following rules and regulations).
Efficient cause: the juridical tie binding the parties to the obligation; the source of the obligation.
Causa (causa debendi/causa obligationes): the reason why the obligation exists.