Module 2: What is an Obligation? - Civil Code PDF

**MODULE 2** **WHAT IS AN OBLIGATIONS?** - Under Article 1156 of the Civil Code, an obligation is a juridical necessity to give, to do or not to do. - Article 1156 pertains to \"civil\" obligations which give a right of action to compel the performance or fulfillment of an obligation....

**MODULE 2** **WHAT IS AN OBLIGATIONS?** - Under Article 1156 of the Civil Code, an obligation is a juridical necessity to give, to do or not to do. - Article 1156 pertains to \"civil\" obligations which give a right of action to compel the performance or fulfillment of an obligation. In this sense, there is a juridical necessity. - In 1156, there are two persons involved, namely the one who renders the obligation, and the one to whom it is rendered. - Obligation encompasses both sides of the equation debt and credit. **ELEMENTS OF OBLIGATION** 1. ***Passive subject (The debtor)*** - is the person or party who has the duty to fulfil the obligation or the prestation. Passive subject is sometimes called the obligor or debtor. (Obligor) 2. ***Active Subject (The creditor)*** - is the person who has the power to demand the fulfilment of the obligation; he is sometimes called the creditor or obligee. (Obligee) 3. ***Prestation*** - is the object of the obligation to give, do, or not to do. The subject matter of obligation. (Object) 4. ***Vinculum Juris (Efficient cause/Juridical Tie)*** - he vinculum or that which binds the debtor and creditor. The sources of obligations are actually the one that connects the debtor and the creditor. The reason why obligation exist **SOURCES OF OBLIGATION** 1. **Law** - - - 2. **Contracts** - - - 3. **Quasi-Contracts (Parang Contract)** - - - a. - - b. - - 4. ***Delicts*** - - - 5. ***Quasi-Delicts (Parang Crime)*** - - - **CLASSIFICATION OF OBLIGATION** 1. ***Civil or Natural*** +-----------------------------------+-----------------------------------+ | **CIVIL** | **NATURAL** | | | | | **(Title I)** | **(Title III)** | +===================================+===================================+ | Based on positive law/man-made | Equity and natural law | | law | | +-----------------------------------+-----------------------------------+ | Grants a right to compel | Does not grant a right of action | | performance or fulfillment | for fulfillment. | | | | | | The obligation may still be | | | fulfilled voluntarily. | +-----------------------------------+-----------------------------------+ | Provides for a legal sanction in | Does not provide legal sanction | | case of its breach | in case of its breach | +-----------------------------------+-----------------------------------+ 2. **Real or Personal** **REAL** **PERSONAL** ---------------------------------------------------------- --------------------------------------------- Obligation is to give a thing Obligation is to do, and not to do There is no negative obligation only positive obligation There is a negative and positive obligation 1. ***To preserve the Specific thing due*** - - - - 2. ***Deliver Fruits*** - A debtor is bound to deliver the fruits of a determinate thing. - A creditor shall acquire a right over the fruits of a determinate thing due only from the time the obligation to deliver the said thing arises. - Obligation to deliver arises from the moment the vinculum attaches, even when another date has been fixed for the deliver of the thing. **DUTY TO DELIVER FRUITS (CREDITOR ACQUIRES REAL RIGHT)** Article 1164 provides that the creditor shall acquire no real right over it until the same has been delivered to him\" **Personal right vs Real right** - - 3. - - - a. b. **KINDS OF OBLIGATION** 1. - - - 2. - - - - - - - - A condition that constitutes \"a future and uncertain event, upon the happening or fulfillment of which rights which are already acquired by virtue of the obligation are extinguished or lost (Jurado, Comments and Jurisprudence on Obligations and Contracts (1987) - The happening the condition extinguishes the obligation. - An obligation subject to a resolutory condition is immediately demandable but it is extinguished upon the happening of the condition. - Once the resolutory condition is fulfilled, the obligation is extinguished, and the parties are required to return to each other what they have received - - A condition is potestative when its fulfillment depends exclusively upon the will of one of the contracting parties. - The fulfillment of which depends exclusively upon the will of the debtor, in which case , the conditional obligation is void. (Art.1182) - Article 1182 requires that the condition is potestative to the debtor and at the same time suspensive. - - - A condition that depends on chance, hazard, or the will of a third person. (valid obligation) - - A condition that depends partly on the will of one of the contracting parties, or the obligor, and partly on chance, hazard or the will of a third person.