Lesson 1

1. Define an obligation according to the Civil Code of the Philippines.

An obligation is a juridical necessity to give, to do or not to do.
http://www.thecorpusjuris.com

Lesson 1

2. Why is an obligation considered a juridical necessity?

Lesson 1

3. Is the prestation “not to give” included in the definition of an obligation?

4. Distinguish an obligation from a contract.
a legal bond, with which we are bound by necessity of performing some act according to the laws
of our state, A contract can be broadly defined as an agreement that is enforceable at law.
http://en.wikipedia.org/wiki/Law_of_obligations#Definition_of_an_obligation

5. What are the essentials requisites of an obligation?

 A passive subject (called debtor or obligor)
 An active subject (called creditor or obligee)
 Object or prestation
 A juridical or legal tie
6. What are the kinds of obligation according to the presentation involved?
 Pure and Conditional Obligations

 Obligations with a Period

 Alternative Obligations

 Joint and Solidary Obligations

 Divisible and Indivisible Obligations

 Obligations with a Penal Clause

http://www.thecorpusjuris.com/laws/statutes/republicacts/78-
republicacts1949/1636-ra-no-386-civil-code-of-the-philippines.html

7. Distinguish civil obligation from natural obligation.

8. When is an obligation considered as a real obligation?
9. When is an obligation considered as a personal obligation?
10. When is an obligation a positive personal obligation?
11. When is an obligation considered a negative obligation?
12. What is a reciprocal obligation. Legally illustrate.
13. In case one of the obligors in a reciprocal obligation does not comply with what is
incumbent upon him. What remedies may the aggrieved party choose from?
14. In case both parties to an obligation have committed a breach of the obligation,
what rules shall apply to determine their liability?
15. In obligation to do or not todo, can the debtor substitute another act or
forbearance against the will of the creditor?
16. What are the sources of obligation and briefly define each.
17. Name the sources of obligation in latin.
18.