Article 1156 Flashcards
Meaning of Obligation
Is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something. It may consist of giving something, doing a certain act, or not doing a certain act
Article 1156
An Obligation is a juridical necessity to give, to do, or not to do.
Article 1156 Civil Code Definition
It merely stresses the duty under the law of the debtor or obligor (he who has the duty of giving, doing, or now doing) when it speaks of obligation as a juridical necessity.
Meaning of juridical necessity
Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce it’s fulfillment, or in default thereof, the economic value that it represents.
Meaning of Civil Obligations
Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice
4 Essential Requisites of an Obligation
Passive Subject
Active Subject
Objects or Presentation
A Juridical or Legal tie
Referts to the manner in which an obligation is manifested or incurred. It may be oral, or in writing, or partly oral and partly in writing
Forms of Obligation
Is the act or performance which the law will enforce
Obligation
Is the power which a person has under the law, to demand from any prestation
Right
Is an act or omission of one party in violation of the legal rights or rights of another
Wrong
Injury
is used to refer to the wrongful violation of the legal right of another.
Essential Elements of a legal wrong
- A legal right in favor of a person (plaintiff)
- A correlative legal obligation on the part of another (debtor); to respect or not to violate said right
- An act or omission by the latter in violation of said right with resulting injury or damage to the former
Real Obligation
Is that in which the subject matter is a thing which the obligor must deliver to the obligee
Personal Obligation
Is that in which the subject matter is an act to be done or not to be done
Positive Personal Obligation
Obligation to do or to render service