Art.

1156: obligation is a juridical necessity to give, to do or not to - With a penal clause

do.

Obligations may be either civil or natural

Secondary classification
 Civil- has a binding force in law, which gives the creditor the
- Legal, conventional and penal
right to enforce it against the debtor in court
- Real and personal
o based on positive law
- Specific and generic
 Natural- is one that cannot be enforced by action, it is
- Positive and negative
binding on the party who makes it in conscience
- Unilateral and bilateral
o Based on equity and natural law.
- Individual and collective
Requisites of obligations: - Accessory and principal

- Juridical tie- which binds the parties to the obligation,
which may arise from either a bilateral or unilateral act of
persons.
- Active subject- the creditor who demands the fulfillment of
the obligation
- Passive subject – the debtor , against whom the obligation
is demandable
- Prestation- the object of the obligation
Classifications according to Sanchez Roman
As to juridical quality
 Natural- in accordance to natural law
 Civil- in accordance with positive law
 Mixed- in accordance with both natural and positive law
As to parties

 Unilateral- only one party is bound

*Form is not an essential requisite, form is only essential in  Bilateral- both parties are bound whether mutually or
certain contracts such as donation, sale, loan, antichresis, reciprocally
and partnership.

Primary classification of obligations  Individual- there is only one obligor or debtor

 Collective- there are two or more obligors or debtors either
- Pure and conditional jointly or solidary.
- With a period o Joint- only liable for his share
- Alternative and facultative o Solidary- liable for the entire obligation.
- Joint and solidary
- Divisible and indivisible As to object
 Determinate- specific
 Generic- when designated by its class or genus
 Simple- only one undertaking
 Multiple- there are several undertakings, which may either
be conjunctive or distributive
o Conjunctive- when all are demandable at the same
time
o Distributive- one out of several is demandable,
which may either be alternative or facultative
 Alternative- when the obligor or debtor is
allowed to choose out of several obligations
which may be due and demandable
 Facultative- when the obligor or debtor is
allowed to substitute another obligation for
one which is due and demandable.
 Positive- to give or to do some thing
 Negative- to refrain from giving or doing some thing
 Principal- the main undertaking
 Accessory- an undertaking to guaranty the fulfilment of the
principal obligation
As to perfection and extinguishment
Pure- immediately demandable because it is not subject to any
condition or term.
Conditional- subject to a condition that may either be suspensive or
resolutory
Suspensive- when the condition happens or is fulfilled, the
obligation arises.
Resolutory- when the obligation happens of is fulfilled, the
obligation ceases or is extinguished.
With a term or period- when the fulfilment of the obligation is
subject to a term or period that may either be suspensive or
resolutory.

 Real- obligation is to give some thing Suspensive- FROM a day certain. The obligation is demandable only
 Personal- obligation is to do or not do some thing when the term has expired

Resolutory- TO a day certain. The obligation is extinguished or

 Possible- when the obligation is capable of being fulfilled in ceases when the term expires.
nature and in law
 Impossible- when the obligation is not capable of being Art. 1157- obligations arise from
fulfilled in nature and in law 1. Law
2. Contracts
 Divisible- when the obligation can be partially performed 3. Delict
 Indivisible- when the obligation cannot be partially 4. Acts or omissions punishable by law (crimes)
performed 5. Quasi-delict
Obligations arising from LAW Contact- meeting of the minds between two persons, where one
binds himself, with respect to the other to give something or to
 Art. 1158- Obligations derived from law are not
render some service.
presumed. Only those expressly determined in the
civil code (in this code) or in special laws are Perfected by mere consent
demandable,

And shall be regulated by the precepts of the law

that establishes them; and as to what has not been
forseen, by the provisions of this code (book)

 Test to determine whether an obligation is derived

or arises from Law, or some other kind of source.

o The law is the source -When the law

establishes the obligation, and the act or
condition upon which the obligation is
based is a factor to determine the moment
when the obligation becomes demandable.

o The act is the source- when the law

recognizes the existence of an obligation
generated by the act. And the purpose of
the law is only to regulate such obligation.

Obligations arising from Contracts.

Art. 1159- obligations arising from contracts have the force and
effect of law between the parties and should be complied with
good faith.