General Provisions Flashcards
What is Article 1156
An obligation is a juridical necessity to give, to do or not to do.
It means tying or binding
Obligatio
It is the legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand of him.
Obligation (manresa)
The juridical necessity to comply with a prestation
Obligation (Sanchez Roman)
Why is obligation a juridical necessity?
Obligation is a juridical necessity because in case of non-compliance, the courts of justice may be called upon to enforce it’s fulfillment or, in default the economic value it represents.
What are the requisites of obligation?
- Active subject or credit
- Passive subject or debtor
- Prestation or Object
- Vinculum Juris or Juridical/Legal tie
The person who has the right or power to demand the prestation
Active subject/ Creditor/ Obligee
The person bound to perform the prestation
Passive subject/ Debtor/ Obligor
Conduct required to be observed by the debtor (to give, to do or not to do)
Prestation
It binds or connects the parties to the obligation
Vinculum Juris/ Juridical or Legal tie
Manner in which the obligation is manifested
Form
The manner in which the obligation is manifested
Form
Classification of obligations as to Juridical Quality
- Civil Obligation
- Natural Obligation
One which has a binding force in law. It gives the Obligee the right of enforcing it against the Obligor in a court of justice. It is also based on positive law and enforceable in court of justice.
Civil Obligations
One which can’t be enforced by action, but binding the party who makes it in conscience and according to natural law. Based on equity and natural law but not enforceable in court of justice.
Natural Obligation
Classification of obligations as to parties
- Unilateral and Bilateral
- Individual and Collective (Joint or Solidary)
Only one party is bound to the fulfillment of obligation
Unilateral
Both parties are reciprocally or mutually bound
Bilateral
Only one Obligor
Individual
Several Obligor
Collective
Each obligor is liable only for his proportionate share
Joint
Each Obligor may be held liable for the entire obligation
Solidary
Classification of obligation as to object
- Determine and Generic
- Simple and Multiple (Conjunctive and Distributive- Alternative or Facultative)
- Positive and Negative
- Real and Personal
- Possible and Impossible
- Divisible and Indivisible
- Primary and Accessory
Object is specific and identified by its individuality
Determinate
Object is designated by class or genus
Generic
There is only one undertaking
Simple
There are several undertaking
Multiple
All undertakings are demandable at the same time
Conjunctive
Only one undertaking out of several is demandable
Distributive
Obligor is allowed to choose one out of several obligations which may be due and demandable
Alternative
Obligor is allowed to substitute another obligation for one which is due and demandable
Facultative
Obligor is oblige to give or to do something
Positive
Obligor must refrain from giving or doing something
Negative
Obligation consists in giving something
Real
Obligation consists in doing or not doing something
Personal
Capable of fulfillment in nature as well as in law
Possible
Not capable of fulfillment either in nature or in law
Impossible
Susceptible of partial performance
Divisible
Not susceptible of partial performance
Indivisible
Main undertaking
Principal
Merely an undertaking to guarantee fulfillment of the principal obligation
Accessory
Classification of obligation as to perfection and extinguishment
- Pure
- Conditional (Suspensive and Resolutory)
- With a term or period (a plazo) - Suspensive and Resolutory
Obligation is not subject to any condition or term and is immediately demandable. (Capable of fulfillment in nature and law)
Pure
When the obligation is subject to condition
Conditional
The happening or fulfillment of the condition results in birth of obligation
Suspensive
The happening or fulfillment of the condition results in the extinguishment of the obligation
Resolutory
Obligation is subject to a term or period
With a term or period (a plazo)
From a day certain, in which case is demandable only upon the expiration of the term. The obligation begins only from a day certain upon the arrival of period.
Suspensive (with a term or period)
To a day certain, in which case the obligation terminates upon the expiration of the term. The obligation is valid up to a day certain and terminates upon the arrival of period
Resolutory (with a term or period)
