Obligations: Sources and Types

A legal duty to give, do, or refrain from doing something.

Obligations arise from law, contracts, quasi-contracts, crimes, and quasi-delicts.

Obligations based on laws are explicit, and the Civil Code fills in gaps.

Agreements between parties are legally binding and must be followed.

Obligations created when someone benefits unfairly, even without an agreement

Criminal acts often create civil responsibilities for damages.

A thing that's part of a group or category, not a specific unique item.

Those obligated to give something must take care of it responsibly, like a good family head.

This principle states that an accessory (something added to or connected to a main thing) is considered part of the principal thing. For example, a decoration on a table is part of the table.

The right to fruits from a thing depends on the type of contract: Conditional - When a specific condition is met. With a Term/Period - When a set time period ends. Simple - When the contract is finalized.

If a contract says to deliver a specific item, it includes any accessories or things added to it, even if not mentioned.

This is an obligation to perform a specific action. If the debtor fails to do it, they must pay for it to be done correctly.

The court can order the work to be undone at the debtor's expense. If the debtor refuses, the creditor can have it fixed.

This is an obligation to refrain from doing something. If the person does the forbidden act, they must undo it at their expense.

When a person is late in delivering or performing a task, they are in delay. This usually starts after the creditor makes a demand.

Delay can start automatically if laws or the contract say so. Also, if time was a key part of the agreement (time is of the essence).

When both parties have things to give or do, neither party is in delay until the other fulfills their part.

This is delay by the debtor. They are in breach of the obligation, are liable for damages or interest, and might still be responsible for losses.

This is delay by the creditor. They are in breach of the obligation, are liable for damages, and bear the risk of loss of the thing delivered.

Negligence is failing to take proper care required by the obligation. It means not being careful enough, leading to harm.

A person who is negligent is responsible for damages that are the natural and foreseeable consequences of their actions.

The level of care depends on the nature of the obligation, the person's circumstances, time, and place.

A specific, identified item that is unique. For example, the red chair in the living room. It cannot be replaced with something else unless the receiver agrees.

The person who owes something (the debtor) must deliver the exact item agreed upon and take reasonable care of it. They are not responsible for events beyond their control.

The level of care a reasonable person would take to protect their own property. It is the standard of care expected of the debtor.

When the item is valuable or special, the debtor must take extra care beyond ordinary care. They must use particular diligence.

These are benefits or profits that come from the item owed. They can be natural, industrial, or civil.

These grow naturally without human effort, like fruits or crops.

These come from human work or cultivation, like crops from farming.

These are benefits from legal agreements, such as rent payments or investment income.

A right that exists between specific people, involving a creditor demanding something from a debtor.

A right to a specific thing that applies to everyone, regardless of ownership. It's a right over property.

A thing that is not unique and can be replaced with any other item of the same type, like 'a chair'.

It means that the generic type of a thing never perishes. Even if the specific item is lost, the debtor can still be forced to deliver another item of the same kind.

These are additions or improvements to the main thing. Examples: fruits produced from a tree or improvements made to a house.

These are things that are joined to the main thing to complete it. Examples: a decoration on a piece of furniture.

These are additions or improvements to the main thing with these qualities: A (Attached), P (Produced), I (Incorporated).

When the debtor fails to deliver a specific thing, the creditor can demand the delivery of the item and seek damages for the delay.

The creditor can cancel the contract and recover damages if the debtor fails to deliver a specific thing.

If the other options are not possible, the creditor can claim damages for the debtor's failure to deliver a specific thing.

When the contract or law doesn't specify the level of care required, the person must act as a responsible and cautious person would, like a 'good father' of a family.

An unpredictable and unavoidable event, even if you knew it could happen, like a natural disaster or an accident.

The main way creditors can get what is owed to them is by asking for the exact performance of the obligation.

A court order to seize a debtor's property before a judgment is made.

If the debtor owes money but also has rights against a third party, the creditor can step into the debtor’s shoes and claim that third party’s payment.

If the debtor has made deals to defraud the creditor (like hiding property), the creditor can ask the court to cancel those actions.

Rights acquired through obligations can usually be passed on to others unless the contract or law says otherwise.

If a condition is impossible to fulfill, only the condition is void, not the obligation itself.

A condition that depends on an event happening at a specific time.

If the debtor voluntarily prevents the fulfillment of a suspensive condition, the condition is considered fulfilled.

When a conditional obligation is fulfilled, the effects go back to the day the obligation was made.

Canceling a contract due to a breach (violation) of its terms.

If one party breaches a contract first, a court can reduce their liability.

When both parties breach a contract at the same time, and it's unclear who breached first, the contract is considered void, and each party bears their own damages.

When a contract specifies a payment deadline, it generally benefits both the debtor (more time to pay) and the creditor (higher interest).

A debtor cannot pay before the due date without the creditor's permission, and a creditor cannot demand payment before the due date without the debtor's permission.

If a contract term benefits only the debtor, they can pay early but are not required to. If the term benefits only the creditor, they can demand early payment, and the debtor cannot pay early.