RFBT_01Obligation.docx - -1.0 OBLIGATION Article 1156 An obligation is a juridical necessity to give to do or not to do From Latin word “obligatio’

RFBT_01Obligation.docx - -1.0 OBLIGATION Article 1156 An...

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------------------------------------------------------------------------------ 1.0 OBLIGATION Article 1156. An obligation is a juridical necessity to give, to do or not to do. From Latin word “obligatio’ means tying/binding . KINDS OF OBLIGATIONS AS TO BASIS AND ENFORCEABILITY 1. Civil obligation positive, man-made, give rights of action to compel 2. Natural obligation equity, no right to compel EXAMPLE: X is indebted to Y, but the debt already prescribed. Thus, the obligation is converted from civil to natural where X can no longer be compelled by court action to pay, only by his own. Note that what prescribed is the “action” and not the obligation. If still fulfilled after the period has expired, debtor can no longer demand the return of what he has been delivered. [Moral Obligations. But these can be under Natural Obligations as to their enforceability since this obligation cannot be enforced through court action. Examples of such is the obligation of Muslims not to eat pork, or Catholics to go to church every Sunday.] ESSENTIAL ELEMENTS OF OBLIGATION a. Passive subject – Debtor/Obligor b. Active subject – Creditor/Obligee c. Prestation/Subject matter – to give, to do or not to do. d. Vinculum/Efficient Cause/Juridical Tie – reason why obligation exists – sources of obligation. ILLUSTRATION: A promised to give B his television set. In this illustration, A is the debtor/obligor; B is the creditor/obligee; giving the television set is the prestation/subject matter; the agreement or contract is the efficient cause/vinculum/juridical ti ------------------------------------------------------------------------------ 2.0 SOURCES OF OBLIGATION 1. Law (ex lege) EXAMPLES: a. Duty of support; b. Duty to pay taxes 2. Contracts (ex contractu) Have the force of law between the contracting parties and should be complied with in good faith. The parties are bound by its terms and cannot, without valid reason withdraw therefrom. 3. Quasi-contracts (ex quasi-contractu) The juridical relation resulting from lawful, unilateral and voluntary acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. PRINCIPAL KINDS OF QUASI-CONTRACTS: A. NEGOTIORUM GESTIO– the voluntary management of the property or affairs of another without the knowledge or consent of the latter. Requisite: The business must be abandoned B. SOLUTIO INDEBITI – the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. Requisites: (1) There is no right to receive the thing delivered (2) The thing was delivered through mistake 4. Delict (ex maleficio or ex dlicto) It is an act or omission punishable by law. Every person criminally liable for a felony is also civilly liable. Civil liability includes: a. Restitution; b. Reparation of the damage caused; c. Indemnification for consequential damages.
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  • Summer '15
  • Cess Lucero

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