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Obligations and Contracts Chapter 1: General Provision

This document outlines different types of obligations under Philippine law. It defines an obligation as a legal necessity to give, do, or not do something. Obligations can be civil, which are enforceable in courts, natural which are voluntary, or moral which relate to church law. Obligations can be real, involving delivery of property, or personal, involving acts or omissions. Obligations can also be unilateral, binding one party, or bilateral, binding both. Key sources of obligations are laws, contracts between parties, quasi-contracts based on unjust enrichment, and acts or omissions punished by law.

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148 views2 pages

Obligations and Contracts Chapter 1: General Provision

This document outlines different types of obligations under Philippine law. It defines an obligation as a legal necessity to give, do, or not do something. Obligations can be civil, which are enforceable in courts, natural which are voluntary, or moral which relate to church law. Obligations can be real, involving delivery of property, or personal, involving acts or omissions. Obligations can also be unilateral, binding one party, or bilateral, binding both. Key sources of obligations are laws, contracts between parties, quasi-contracts based on unjust enrichment, and acts or omissions punished by law.

Uploaded by

Glomar Bedsheet
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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OBLIGATIONS AND CONTRACTS

Chapter 1 : General Provision

Article 1156. An obligation is a juridical necessity to give, to do or not to do (Civil Obligation)


Juridical necessity - in case of noncompliance, the courts of justice may be called upon by the aggrieved
party to enforce its fulfillment
Essential requisites of an obligation/ Elements
Passive Subject - bound to fulfill the obligations (payor, obligor, debtor)
Active Subject - demands the fulfillment of the obligation (creditor, obligee, payee)
Object or Prestation - subject matter of the obligation; may consist of giving, doing or not doing
Juridical or Legal tie - binds the parties

Right - power which a person has under the law, to demand from another any prestation
Wrong - cause of action
- act or omission of one party in violation of legal right or rights
Injury - wrongful violation of the legal right of anothera
Essential elements of a legal wrong or injury
A. Legal right in favor of a person (creditor/obligee/plaintiff)
B. A corrrelative obligation on the part of

Kinds of Obligation (Viewpoint of Sanction)


Civil Obligations - obligations which give to the creditor or obligee a right under the law to enforce their
performance in courts of justice; all elements are present

Natural Obligation - voluntarily or based on equity; no legal tie

Moral Obligation - law of church; no legal tie

(Subject matter)
Real Obligations - obligation to give; subject matter is a thing which the obligor must deliver

Personal Obligation - obligation to do or not to do; subject matter is an act to be done or not to be done
Positive Personal Obligation - to do or to render a service
Negative Personal Obligation - to not to do (also includes not to give)

(Persons Obliged)
Unilateral - only one party is bound to perform
Bilateral - both parties are bound to perform

Sources of Obligation
Law - when they are imposed by law itself

Contracts - arising from stipulation of the parties


Quasi-Contracts - based on social responsibility; arising from lawful, voluntary and unilateral acts which
are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
Negotiorium gestio - voluntary management of property or affairs of another
Solutio Indebiti - juridical relation arise when something is received when there is no right to
demand it

Acts or Omissions punished by law (delicts) - arising from civil liability which is the consequence of
criminal offense

Quasi-Delicts or torts - arising from damage caused to another through an act or omission, there is
fault or negligence but no contracts

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