Scribd
Upload
2K views

Module 1, General Provisions

This document discusses the sources and types of obligations under Philippine law. It defines an obligation as a legal duty to give, do, or not do something. There are five main sources of obligations: 1) law, 2) contracts, 3) quasi-contracts, 4) acts or omissions punished by law, and 5) quasi-delicts. Obligations can involve real duties to deliver an object or personal duties to do or not do an act. Contracts require mutual agreement while quasi-contracts involve unilateral acts that result in unjust enrichment.

Uploaded by

Clariza Sales
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
2K views

Module 1, General Provisions

This document discusses the sources and types of obligations under Philippine law. It defines an obligation as a legal duty to give, do, or not do something. There are five main sources of obligations: 1) law, 2) contracts, 3) quasi-contracts, 4) acts or omissions punished by law, and 5) quasi-delicts. Obligations can involve real duties to deliver an object or personal duties to do or not do an act. Contracts require mutual agreement while quasi-contracts involve unilateral acts that result in unjust enrichment.

Uploaded by

Clariza Sales
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Module 1: General Provisions and Sources of Obligations

Article 1156. An obligation is a juridical necessity to give, to do, or not to do.

Obligation

 It is a tie or bond by law by virtue of which one is bound in favor of another to render something
– and this may consist in:
o Giving a thing
o Doing a certain act or;
o Not doing a certain act
 Also known as civil obligation
o Examples: obligation to pay your school fees (to give)
o

Juridical Necessity

 An obligation is a juridical necessity because, in case of noncompliance, the courts of justice


may be called upon by the aggrieved party;
 To enforce its
o fulfillment or, in default thereof,
o the economic value that it represents.
 EXAMPLE: The debtor must comply with his obligation to pay, otherwise, the creditor has the
right to go to court and demand payment.

Requisites of Obligation (everything must be present)

1. Active Subject – Creditor or Obligee


o The party who has the right to demand the performance of the obligation.
2. Passive Subject – Debtor or Obligor
o The party who is obliged to perform the obligation.
3. Prestation
o The object or subject matter of the obligation.
o It may consist of giving, doing, or not doing something.
4. Efficient Cause
o The vinculum or the legal or juridical tie which BINDS THE PARTIES to an obligation. The
efficient cause of an obligation may be any of the five sources of obligation.

For example:

A is obliged to transport the goods of B from Manila to Dasmarinas, and B is obliged to pay A
P500.00 as transport costs, under a contract of carriage.

As regards the transport of the goods which is the prestation, B is the active subject and A is the
passive subject.
As regards the payment of transportation costs which is the prestation, B is the passive subject
and A is the active subject.

The contract of carriage is the efficient cause for the obligation of both A and B.

The obligations here are bilateral (involving two parties, affecting both sides)

1. Each party is required to perform a particular conduct.

Kinds of Obligations

 Real Obligation (obligation to give)


o Is that in which the subject matter is a thing which the obligor must deliver to the
obligee.
o For example: A (seller) binds himself to deliver a car to B (buyer).
 Personal Obligation (obligation to do or not to do)
o Is that in which the subject matter is an act to be done or not to be done.

There are two kinds of personal obligations:

1. Positive Personal Obligation – obligation to do or to render service.

 For example, A binds himself to clean the house of B.


2. Negative Personal Obligation
 For example, A obliges himself not to enter B’s house without his permission.

Sources of Obligations

Article 1157. Obligations arise from

1. Law
o Obligation to pay taxes (Tax Code)
o Obligation to support one’s family (Family Code)
2. Contracts
o Is a meeting of minds (mutual ascent or agreement, consent) between
two persons whereby one binds himself, with respect to the other.
o Both parties must agree to the terms and conditions
o Example: contract of lease, contract of sale
3. Quasi-contracts
o As if a contract but it’s really not
o Example: obligation to return money paid by mistake or which is not
due.
o Negotiorum Gestio -
4. Acts or omissions punished by law;
5. Quasi-delicts. (1089a)
o When they arise from damages caused to another through an act or
omission
Article 1158. Obligations derived from law are not presumed. Only those EXPRESSLY determined in this
Code or in special laws are

 demandable, and;
 shall be regulated by the precepts (a command or principle) of the law which
establishes them;
 In addition, as to what has not been foreseen, by the provisions of this book.
(1090a)

Article 1159. Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith. (1091a)

Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1,
Title XVII, of this Book. (n)

Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws,
subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title,
on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a)

Article 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2,
Title XVII of this Book, and by special laws. (1093a)

The source of obligations are enumerated below:

1. Law – when they are imposed by law itself. (obligation to pay taxes).
2. Contract – when they arise from the stipulation (specified or demanded as part of an
agreement) of the parties. (contract of sale, contract of lease, etc.)
3. Quasi-contracts – when they arise 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.

Kinds of quasi-contracts:

You might also like