Understanding Obligations in Law

Study Notes

An obligation is a juridical necessity to give, to do, or not to do.
This definition applies to civil obligations which give a right of action to legally compel someone to perform.
Obligations involve two parties: the person obligated and the party to whom the obligation is owed.

Passive Subject (Debtor): The party who has the duty to fulfill the obligation.
Active Subject (Creditor): The party who has the right to demand fulfillment.
Prestation: The object of the obligation, which can be to give, to do, or not to do.
Vinculum Juris (Juridical Tie): The legal bond that connects the debtor and creditor, arising from the sources of obligation.

Law: Obligations imposed by legal statutes (e.g., paying taxes).
Contracts: Obligations voluntarily agreed upon by parties (e.g., buying a house).
Quasi-Contracts: Obligations arising from acts that are not contractual but create an obligation for fairness (e.g., a person who pays another's debt without their knowledge, can seek reimbursement).
- Negotiorum Gestio: Voluntary management of another's property without their consent.
- Solutio Indebiti: Payment made by mistake.
Delicts (Crimes): Obligations arising from crimes committed (e.g., restitution of stolen property, damages).
Quasi-Delicts (Torts): Obligations arising from negligent acts without criminal intent (e.g., causing damage with a vehicle).

Civil vs. Natural:
- Civil: Obligations based on positive law, granting the right to compel performance and providing legal sanctions for breach.
- Natural: Obligations based on equity and natural law, not granting a right of action for fulfillment but allowing voluntary compliance.
Real vs. Personal:
- Real: Obligations to give a specific thing.
- Personal: Obligations to do or not to do.
Duty to Preserve Specific Thing: The debtor must take care of the specific thing due, even if it is not yet delivered.
Delivery of Fruits: The creditor acquires rights to the fruits of a determinate thing only after the obligation to deliver arises.
Personal Right vs. Real Right:
- Personal Right: The right of the creditor to demand fulfillment of the obligation.
- Real Right: The right of the creditor to possess and use the specific thing due, acquired after it is delivered.

Obligations with a Period: These obligations are demandable only after the arrival of the period (e.g., payment due on a certain date).
Obligations with a Condition: These obligations are subject to a future and uncertain event.
- Suspensive Condition: The obligation becomes demandable only upon the fulfillment of the condition (e.g., payment upon graduation).
- Resolutory condition: The obligation is extinguished upon the fulfillment of the condition (e.g., a lease agreement that terminates upon selling the property).
- Potestative Condition: The fulfillment of the condition depends solely on the will of one of the parties.