OBLICON-notes.doc - TITLE I \u2013 OBLIGATIONS made by the debtor based on equity and natural law(i.e when there is prescription of duty to pay still the

OBLICON-notes.doc - TITLE I u2013 OBLIGATIONS made by the...

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TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give, to do, or not to do. -this definition merely stresses the duty of the obligor DEFINITIONS: a) Obligation is a juridical necessity to give , to do , or not to do . b) It is a tie of law or juridical bond by which one is bound in favor of the another to render something-an dthis may consist of giving athing, doing a certain act or not doing a certain act. c) A legal relation established between one party an danother, whereby the latter is bound to the fulfillment of a prestation which the former may demand of him. d) *A juridical relation whereby a person (creditor) may demand from another (debtor) the observance of a determinate conduct, and in case of breach, may obtain satisfaction from the assets of the latter (Makati Stock Exchange Inc. v. Campos GR No. 138814, 4/16/2009) e) An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court. Juridical Necessity juridical tie; connotes that in case of noncompliance, there will be legal sanctions ot the courts may be called upon to enforce its fulfillment or in default thereof, the economic value that it represents the debtor may also be liable for damages (i.e. sum of money given as a compensation for the injury or harm suffered by the obligee for the violation of his right.) KINDS OF OBLIGATION A. From the viewpoint of “sanction” - 1) CIVIL OBLIGATION – that defined in Article 1156; an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law; the sanction is judicial due process 2) NATURAL OBLIGATION – a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law. (i.e. when there is prescription of duty to pay, still, the obligor paid his dues to the obligee – the obligor cannot recover his payment even there is prescription) the sanction is the law , but only conscience had originally motivated the payment. 3) MORAL OBLIGATION – the sanction is conscience or morality, or the law of the church. (Note: If a Catholic promises to hear mass for 10 consecutive Sundays in order to receive P1,000, this obligation becomes a civil one.) B. From the viewpoint of subject matter - 1) REAL OBLIGATION – the obligation to give 2) PERSONAL OBLIGATION – the obligation to do or not to do (e.g. the duty to paint a house, or to refrain from committing a nuisance) C. From the affirmativeness and negativeness of the obligation - 1) POSITIVE OR AFFIRMATIVE OBLIGATION – the obligation to give or to do 2) NEGATIVE OBLIGATION – the obligation not to do (which naturally inludes not to give) D. From the viewpoint of persons obliged - “sanction” - 1) UNILATERAL – where only one of the parties is bound (e.g. Plato owes Socrates P1,000. Plato must pay Socrates.) 2) BILATERAL – where both parties are bound (e.g. In a contract of sale, the buyer is
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