Caluyo_AM_S_BSBA2B_Sat_1

ARTICLES: 1156-1178

OBLIGATION “Obligatio” meaning tying or binding. Juridical necessity connote that in case of non
compliance, there will be legal sanction.

OBLIGATION is a judicial necessity to give, to do or not to do.

ELEMENTS:
Obligation is composed of 4 elements,that elements is define as the part of an obligation, in which
each party has a duty to perform according to the law.

1. Obligor (debtor) – passive subject, against whom the obligation is juridically demandable
to fulfillment the obligation.
2. Obligee (creditor) – active subject, the person who demands the fulfillment of the
obligation.
3. Prestation – or object, the subjects matter of obligation which has an economic value or
susceptible of pecuniary substitution in case of noncompliance.
4. Juridical tie (efficient cause) - the cause that binds or connects both parties to the subject
matter.

Source:
Obligation arise from Law: Contracts, Quasi-contrats, Acts of missions punished by law
and Quasi-delicts.

- It is define as a starting point of an obligation or provides an information in which

obligation arises from.

Negotiorum Gestio- is an act of generosity in which someone acts on behalf and for
the benefit of the owner but without the latter’s prior consent.

Solutio indebiti- or payment by mistake is a case where one had paid a debt, or done
an act or remitted a claim because he thought that he was bound to do so, when he
was not. In such cases of mistake there is an implied obligation to pay back the money
which he paid by mistake.

Determinate thing- particular or specific thing. Object is particularly designated or

physical segregated from all others of the same class. Exact thing that is demand by
the creditor. Ibig sabihin may kasiguradohan.
 Indeterminate thing – unspecific, general or refers only to a class or genus to which it
pertains and cannot be pointed out with particularly. Its means pa-asa, walang
kasiguradohan.

KINDS OF FRUITS:

- Its refers to the income or goods derived or produced from property without a
diminution of the property’s inherent value.

Natural Fruits – are products of the earth.

Industrials Fruits – produce by lands of any kind though cultivation or labor.

Civil Fruits- revenues derived from a thing by operation of law or reason of a

juridical act.

Diligence of a Good Father of the Family:

- Good Father of the Family define as a constant and earnest effort to accomplish,
which exercise by an average person over his own property that undertaken.