PART 1 Flashcards
1156
An obligation is a juridical necessity to give, to do, or not to do.
juridical tie; connotes that in case of noncompliance, there will be legal sanctions.
JURIDICAL NECESSITY
sum of money given as a compensation for the
injury or harm suffered by the obligee for the
violation of his right.
DAMAGES
KINDS OF OBLIGATION
A. From the viewpoint of “sanction” -
CIVIL OBLIGATION
NATURAL OBLIGATION
MORAL 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
CIVIL 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
NATURAL OBLIGATION
the sanction is conscience or morality, or the law of the church
MORAL OBLIGATION
KINDS OF OBLIGATION
B. From the viewpoint of subject matter
REAL OBLIGATION
PERSONAL OBLIGATION
the obligation to give
REAL OBLIGATION
the obligation to do or not to do
PERSONAL OBLIGATION