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Obligations

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10 views4 pages

Obligations

Uploaded by

xavi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ESSENTIAL REQUISITES

Obligations There can be no obligation if any one


of the following essential requisites is
Article 1156. An obligation is a lacking:
juridical necessity to give, to do or not
to do. (n) ACTIVE Subject is the person who has
the right or power to demand the
“An obligation is a juridical relation performance or payment of the
whereby a person (called the obligation. He is also called the
creditor) may demand from another obligee or the creditor.
(called the debtor), the observance
of a determinate conduct (the giving, PASSIVE Subject is the person bound
doing or not doing), and in case of to perform or to pay. He is the one
breach, may demand satisfaction against whom the obligation can be
from the assets of the latter.” demanded. He is also called the
- Arias Ramos obligor or the debtor.

Article 1157. Obligations arise from: Object or Prestation


(1) Law;
(2) Contracts; 1. Obligation to Give
(3) Quasi-contracts; constitutes/includes those
(4) Delicts / Acts or omissions obligations that entail a
punished by law; and delivery of an object or thing.
(5) Quasi-delicts.

2. Obligation to Do
Article 1158. Obligations derived from Obligation to rendering of a
law are not presumed. Only those particular service.
expressly determined in this Code or
in special laws are demandable, and 3. Obligation of Not to Do
shall be regulated by the precepts of Being prohibited from doing
the law which establishes them; and something or being refrained
as to what has not been foreseen, by from doing something that an
the provisions of this Book. individual might want to do.
Auxiliary Duties are only applicable if
Obligation to Give
the obligation to give involves a
Specific Duties:
specific thing. (With the lack of
If it is to deliver an object, a
individuality or specifications, you are
quick distinction must be made
not required to perform these
between an (a) Obligation to give a
auxiliary duties : There is an exception
specific thing and (b) an obligation
in Duty to Preserve)
to give a generic thing. This
distinction allows for these specific
Duty to preserve
duties that may be demanded from
Article 1163 of the Civil Code.
the obligor.
Every person obliged to give
something is also obliged to take
Generic Thing is indicated only by its
care of it with the proper diligence of
class. (Ex. Laptop, Car, Books, shoes, etc.)
a good father of a family, unless the
law or the stipulation of the parties.
Specific Thing is specifically
At the start of the obligation, it
designated and particularly
is necessary of the obligor to take
segregated from the rest of the same
care of the object to deliver diligently.
class. (Ex. Honda Civic 2022 car with
Based on article 1163 that
specification of its engine number and
ordinary diligence of the level of
the likes; For Lands, Title numbers must
be given) diligence is subject to change. Could

Obligation To give/deliver a specific be changed as long as it is provided

thing, the primary duty is to deliver under a law. (Exception: If it is agreed

the very thing promised or agreed upon by the parties to increase the

upon, nothing more nothing less. level of diligence, it must be

The debtor cannot insist on stipulated and provided in the

delivering another thing even if it is contract. The level of diligence may

more valuable than the agreed upon, not go below the ordinary diligence

unless the creditor agrees to it. as it will be negligence).


There is one instance wherein
an individual must preserve an object
Auxiliary Duties
that is a generic thing. If the source of
These are demandable and
the generic objects are limited.
may not be asked or demanded
upon you by the active
subject/creditor.
Ex.
Contract of Carriage - Everytime we ride demanded to whomever might want
a public vehicle, safety/carefulness is on to violate your property/fruits as an
a higher level; Extraordinary Diligence is owner.
needed. Contract: lives of the people
is when the title of ownership is
transferred to the active subject.
Duty of Banks to take care of the money
- It requires extraordinary diligence due
Kinds of Fruits (Article 442 Civil
to the value of the object they have.
Code)

Duty to deliver the fruits of the thing


Natural fruits are the spontaneous
promised
products of the soil, and the young
Under the civil code of the
and other products of animals.
rights of an active subject over the
These are products of the soil
fruits, before delivery it is a personal
that do not need to involve human
right, and after delivery it is a real
intervention. It is not necessary to
right.
remove those fruits as it is part of the
Before delivery, the creditor duty to deliver it also to the creditor.
can only demand said fruits from the Another kind is the young and other
debtor as it is only derived from products of other animals. (Ex. If the
agreement or contract. After delivery, animal that the active subject bought is

the creditor may now demand the pregnant, it is a general rule that these

fruits from anyone who might gain fruits are still to be delivered by the
obligor to the active subject without fee
possession of the same thereafter
unless agreed upon between two
under the capacity of ownership.
parties.)

Personal Right is a power belonging


Industrial fruits are those produced
to one person to demand to another
by lands of any kind through
as a definite passive subject the
cultivation or labor.
fulfilment of the prestation.
Products of the soil or land that
It is the right to demand the thing
involved human intervention.
or object; For the fruits, it is only the
person who has obligations to you is
involved as a general rule. It is only the
seller/obligor whom you can demand.

Civil fruits are the rents of buildings,

Real Right belongs to a person over a the price of leases of lands and other

specific thing that may be property and the amount of


perpetual or life annuities or other
similar income.
Fruit that is more of artificial
objects/fruits.

Duty to deliver the accessories and


the accessions.
Article 1166. The obligation to
give a determinate thing includes
that of delivering all its accessions
and accessories, even though they
may not have been mentioned.
(1097a)

Accessions of the thing are


everything that is produced by a
thing, and all those that are
incorporated or attached thereto
either naturally or artificially.

Accessories are things which are


united or attached as ornaments to
the principal thing or for the latters
perfection. (Ex. Laptop requires to have
a charger upon delivery, etc.)
Accessories that are needed for the
proper usage of an object.

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