TITLE I

Question 1

WHAT IS OBLIGATION?

Answer 1

An obligation is a juridical necessity to give, to do or not to do.
ART. 1156

Meaning of juridical necessity.
obligation is juridical neecessity becau

Question 2

WHAT IS THE MEANING OF JURIDICAL NECESSITY?

Answer 2

Obligation is a juridical necessity because in case of noncompliance, 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.

Question 3

WHAT IS THE NATURE OF OBLIGATIONS UNDER THE CIVIL CODE?

Answer 3

Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice are known as CIVIL OBLIGATIONS.

Question 4

DISTINGUISH CIVIL OBLIGATIONS AND NATURAL OBLIGATIONS

Answer 4

Civil obligations are based on positive law.
Natural obligations are based on equity and natural law, which do not grant a right of action to enforce their performance although in case of VOLUNTARY fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof.

Question 5

WHAT ARE THE ESSENTIAL REQUISTIES OF AN OBLIGATION?

Answer 5

4 essential requisites

(1) PASSIVE SUBJECT -called debtor or obligor
The person who is bound to the fulfillment of the obligation; he who has duty;

(2) An ACTIVE SUBJECT- called creditor or obligee

The person who is entitled to demand the fulfillment of the obligation; he who has a right;

(3) OBJECT or PRESTATION- subject matter of the obligation

The conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. Without the prestation, there is nothing to perform. In bilateral obligations (ART. 1191), the parties are reciprocally debtor and creditors; and

(4) A JURIDICAL or LEGAL TIE - called efficient cause

That which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation. (ART. 1157)

Question 6

What does “form of obligations” means?

Answer 6

It refer to the manner in which an obligation is manifested or incurred. It may be ORAL, or in WRITING, or PARTY ORAL and PARTLY IN WRITING.

If in writing, it may be in public or a private document instrument.

Question 7

What is the implication if an obligation is party in writing and partly oral?

Answer 7

A contract partly in writing and party oral is, in legal effect, an oral contract. (12 AM, Jurt. 550; Manuel vs. Rodriguez, 109 Phil.1.)

Question 8

What is the general rule regarding form of an obligation arising from contract?

Answer 8

General rule, the law does not required any form in obligations arising from contracts for their validity or binding force. (see ART. 1356.)

Question 9

Does obligations arising from OTHER SOURCES have any form?

Answer 9

Obligations arising from other sources do not have any form at all. (Art. 1157.)

Question 10

Can an obligation on the part of a person exist without a corresponding right in favor of another?

Answer 10

NO
An obligation on the part of a person cannot exist without a corresponding right in favor of another, and vice versa.
A wrong or cause of action only arises at the moment a right has been transgressed or violated.

Question 11

WHAT ARE THE KINDS OF OBLIGATION ACCORDING TO THE SUBJECT MATTER?

Answer 11

It may be REAL or PERSONAL

(1) Real obligation (obligation to give)
is that in which the subject matter is a THING which the obligor must deliver to the obligee.

(2) Personal obligation (obligation to do or not to do) is that in which the subject matter is an act to be done or not to be done.

Question 12

WHAT ARE THE TWO KINDS OF PERSONAL OBLIGATION?

Answer 12

(a) Positive personal obligation or obligation to do or to render service. (see ART. 1167)

(b) Negative personal obligation is obligation not to do (which naturally includes obligations “not to give”). (see ART. 1168.)

Question 13

WHAT ARE THE SOURCES OF OBLIGATIONS?

Answer 13

ART. 1157. Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.

Law- when they are imposed by law itself.
Contracts- when they arise from the stipulation of the parties.
Quasi-contracts- when they arise from lawful, voluntary and unilateral acts, which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.
Crimes or acts or omissions punished by law- when they arise from civil liability which is the consequence of a criminal offense.
Quasi-delicts or torts- when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.