OBLICON M1 Flashcards
ARTICLE 1156 of the New Civil Code (NCC) of the Philippines states that “An obligation is a juridical
necessity, to give, to do, or not to do.
OBLIGATION
It is a juridical relation or a juridical necessity whereby a person (creditor) may demand
from another (debtor) the observance of a determinative conduct (giving, doing or not
doing) and in case of breach may demand satisfaction from the assets of the latter
OBLIGATION
It is a juridical necessity because in case of non-compliance, the courts of justice may be
called upon by the aggrieved party to enforce its fulfillment, or in default thereof the
economic value that it represents.
OBLIGATION
ART. 1156 refers only to civil obligations which are enforceable in court when breached and
it does not cover natural obligations (Article 1423 – 1430, NCC) because the latter are
obligations that cannot be enforce in court on equity and natural law and not in positive law
OBLIGATION
When there is a right there is a corresponding obligation. Right is the active aspect while
obligation is the passive aspect. Thus, the concepts of credit and debt are two distinct aspects
of unitary concept of obligation
OBLIGATION
The law does not require any form in obligation arising from contracts for their validity or binding
force
GENERAL RULE OF OBLIGATION
When the form is essential for the validity of the contract as required by law (Article 1346);
XPN OF OBLIGATION
When the contract is unenforceable unless it is in a certain form such as those under the
Statute of Frauds as formulated in Art. 1403.
XPN OF OBLIGATION
Obligations arising from other sources (Article 1157) do not have any form at all (De Leon,
2010)
XPN OF OBLIGATION
WHAT ARE THE ELEMENTS OF AN OBLIGATION?
Juridical tie or vinculum juris or efficient cause
Active Subject (creditor or obligee)
Passive subject (debtor or obligor)
Object or prestation
– the efficient cause by virtue of which the
debtor becomes bound to perform the prestation
Juridical tie or vinculum juris or efficient cause
The vinculum juris is established by:
Law;
Bilateral Acts
Unilateral acts
The person demanding the performance of the
obligation. It is to be in whose favour the obligation is constituted, established or created.
Active Subject (creditor or obligee)
The person bound to perform the prestation to give, to
do, or not to do
Passive subject (debtor or obligor)
The subject matter of the obligation which has a corresponding
economic value or susceptible of pecuniary substitution in case of non-compliance. It is a
conduct that may consist of giving, doing, or not doing something
Object or prestation
In order to be valid, the object or prestation must be:
- Licit or lawful;
- Possible, physically or judicially;
- Determinate or determinable; and
- Pecuniary value or possible equivalent in money
In the absence of any of the first three requirement makes the object void (invalid).
Object or prestation
Tolentino, some writers add a fifth requirement: the form in which the
obligation is manifested. This element However, cannot be considered as essential. There is
no particular form required to make obligations binding, except in certain rare cases.
Object or prestation
DIFFERENT KINDS OF PRESTATIONS
OBLIGATION TO GIVE OBLIGATION TO DO OBLIGATION NOT TO
DO
WHAT ARE THE DIFFERENT CLASSES OF OBLIGATIONS?
Creation
Nature
Object
Performance
Person obliged
Existence of burden or condition
Character of responsibility or liability
Susceptibility of Partial Fulfillment
Right to choose and substitution
Imposition of penalty
Sanction
What is under creation?
Legal
Conventional
What is under Nature?
Personal
Real
What is under Object?
Determinate/Specific
Generic
Limited Generic
What is under Performance?
Positive
Negative
