1. According to Art.1156 an Obligation is a juridical necessity to give, to do, or not to do.
It is impressed with the character of
enforceability.
R EQUISITES :
1. Juridical/Legal Tie
2. Active Subject
3. Passive Subject
4. Fact, prestation or service
COMPLIANCE OF A GOOD FATHER OR IN GOOD FAITH IS THE Performance in accordance with stipulation, clauses, terms and
conditions of the contract.
2. AS A GENERAL RULE, A JUDICIAL AND EXTRA- JUDICIAL DEMAND
BY THE CREDITOR SIGNALS THE DELAY TO DELIVER SOMETHING BY THE
DEBTOR . T HE EXCEPTIONS TO THE RULE ARE ALSO LISTED IN ART. 1169.
D EMAND MAY NOT BE NECESSARY IN THE FOLLOWING
CIRCUMSTANCES :
1. W HEN THE OBLIGATION EXPRESSLY
2. W HEN THE LAW SO PROVIDES
3. W HEN T IME IS OF THE ESSENCE
4. W HEN THE DEMAND WOULD BE USELESS
5. W HEN THERE IS PERFORMANCE BY A PARTY IN RECIPROCAL
OBLIGATIONS .
3. In case the debtor does not comply with his obligation,
Article 1177 of the Civil Codes provides the following for
the creditor avail himself of the remedies to satisfy his
claim:
1. EXACT FULFILLMENT OF THE OBLIGATION BY SPECIFIC OR
SUBSTITUTE PERFORMANCE, WITH THE RIGHT TO DAMAGES
2. PURSUE THE LEVIABLE PROPERTY OF THE DEBTOR
3. ASK THE COURT TO RESCIND OR IMPUGN ACTS OR
CONTRACTS WHICH THE DEBTOR HAS DONE FOR YOUR
RECOVERY.
4. ACCION DIRECTA IS THE EXERCISE ALL THE RIGHTS AND
BRINGS ALL THE ACTIONS OF THE DEBTOR LIKE THE RIGHT TO
COLLECT OF THE DEBTOR.
5. ACCION SUBROGATORIA IS AN ACTION WHERE THE
CREDITOR WHO’S CLAIMS HAD NOT BEEN FULLY SATISFIED,
MAY GO AFTER THE DEBTORS (THIRD PERSONS) OF THE
DEFENDANT-DEBTOR.
6. ACCION PAULIANA IS AN ACTION WHERE THE CREDITOR
FILES AN ACTION IN COURT FOR THE RESCISSION OF ACTS OR
CONTRACTS ENTERED INTO BY THE DEBTOR DESIGNED TO
DEFRAUD THE FORMER.
4. Suspensive Condition is when the fulfillment of the
condition results in the acquisition of rights arising out of
the obligation; or a condition which must be fulfilled
before an obligation is enforceable; whereas Resolutory
Condition is when the fulfillment of the condition results in
the extinguishment of rights arising out of the obligation;
or a condition that, upon fulfillment, terminates an
already enforceable obligation and entitles the parties to
be restored to their original positions.
5. Mora Solvendi is the when default is on the part of the
debtor/obligor; WHEREAS Mora Accipiendi is when default
is on the part of the creditor or obligee; when the obligee
unjustifiably refuses to accept payment or performance
at the time the obligation is due. If the refusal is justified
such as when the payment given is not that of what has
been stipulated upon, there is no Mora Accipiendi.
SOURCES OF OBLIGATIONS
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts
6. POTESTATIVE CONDTION is when the fulfillment of the
condition depends upon the will of a party to the
obligation; or a condition whose fulfillment was
completely within the power of the obligated party;
whereas CASUAL CONDITION is when the fulfillment of the
condition depends upon chance and/or the will of a
third person.
7. Under Article 1165 of the Civil Code there are 2 kinds of
delay; ORDINARY DELAY is the Failure to perform an
obligation in a specific time. On the other hand,
EXTRAORDINARY DELAY/LEGAL DELAY/DEFAULT IS the non-
fulfillment of obligation that arises after extrajudicial or
judicial demand or that which failure constitutes a
breach of obligation.
8. DETERMINATE THING is identified by its individuality. The
debtor cannot substitute it with another although the
latter is of the same kind and quality without the consent
of the creditor. (Art. 1244) example is gold jewelries like
necklace.
A INDETERMINATE OR GENERIC THING is identified only by
its specie. The debtor can give anything of the same class
as long as it is of the same kind. Example is an ounce of
gold
9. ACCORDI NG TO AR TI CLE 1189 OF THE CIVI L
CODE, When the conditions have been imposed with
the intention of suspending the efficacy of an obligation
to give, the following rules shall be observed in case of
the improvement, loss or deterioration of the thing during
the pendency of the condition:
(1) IF THE THING IS LOST WITHOUT THE FAULT OF THE DEBTOR, THE
OBLIGATION SHALL BE EXTINGUISHED;
(2) IF THE THING IS LOST THROUGH THE FAULT OF THE DEBTOR, HE SHALL BE
OBLIGED TO PAY DAMAGES; IT IS UNDERSTOOD THAT THE THING IS LOST
WHEN IT PERISHES, OR GOES OUT OF COMMERCE, OR DISAPPEARS IN SUCH
A WAY THAT ITS EXISTENCE IS UNKNOWN OR IT CANNOT BE RECOVERED;
(3) WHEN THE THING DETERIORATES WITHOUT THE FAULT OF THE DEBTOR,
THE IMPAIRMENT IS TO BE BORNE BY THE CREDITOR;
(4) IF IT DETERIORATES THROUGH THE FAULT OF THE DEBTOR, THE CREDITOR
MAY CHOOSE BETWEEN THE RESCISSION OF THE OBLIGATION AND ITS
FULFILLMENT, WITH INDEMNITY FOR DAMAGES IN EITHER CASE;
(5) IF THE THING IS IMPROVED BY ITS NATURE, OR BY TIME, THE
IMPROVEMENT SHALL INURE TO THE BENEFIT OF THE CREDITOR;
(6) IF IT IS IMPROVED AT THE EXPENSE OF THE DEBTOR, HE SHALL HAVE NO
OTHER RIGHT THAN THAT GRANTED TO THE USUFRUCTUARY.