ART.1156-an obligation is a juridical necessity to give, to do or c.

indemnification
not to do. the definition of obligations establishes the unilateral act
of the debtor either to give to do or not to do as a patrimonial
obligation. it means that the has the obligation while the creditor
has its rights.
Art. 1163 Every Person obliged to give something is also obliged
to take care of it with proper diligence of a good father of a family
unless the law or the stipulation of the parties requires another
standard of care
5. quasi delict as a sources of obligations
REQUIREENTS OF QUASI DELICTS
1.there must be fault or negligence attributable to the
offended
2.there must be damage or inquiry cause to another
3.there is no pre existing contract.
NATURAL – the fulfillment cannot be complied by court
action but depends on the good conscience of debtor.

Art.1164. The creditor has a right to the fruits of the thing from the
.
ACCESSION – is the right pertaining to the owner of a thig
time the obligation to deliver it arises. However, he shall acquire over its product and whatever is attached there to either
no real right over it until the same has been delivered to him. naturally or artificially.
ACCRESSION – which refer to gradual and addition of
Art.1169Those obliged to deliver or to do something incur in sediment to the shore by action of water.
delay from the time the oblige judicially or extrajudicially ACCESSORIES – are those thing which are joined attached
demands from them the fulfillment of their obligation. to the principle object as ornament or render it perfect.
DEFINITION OF TERM
Art.1170Those who in the performance of their obligations 1.DETERMINATE THING – a thing is determinate when it is
are guilty of fraud, negligence, or delay, and those who in particularly designated of physically segregated for all others
any manner contravene the tenor thereof, are liable for from the same class
damages. 2. INDETERMINATING THING OR GENERIC THING
3. FORTUITOUS EVENT
law- includes all those rules and regulations, which regulate DELAY MORA
our relations with other individuals and with the state - means a legal delay or default and it consists of
failure discharge a duty resulting to one own dis
contract – is a meeting of mnd between two persons where advantaged.
by one binds himself with respect to the others, to give
something or to render some service. 2. when the law so provides
3. when time is of the essence
what is law? 4. when demand would be useless
1. a citizen may think of law as a set of rules which he must 5. in a reciprocal obligation, from the moment
obey. one of the parties fulfills his obligation, delay
2. a lawyer who practices law may think of law as a vocation. to the other begins.
3. a legislator may look at law as a something created by
him. KINDS OF DAMAGES
4. a judge may think of law as a guiding principles to be 1. MORAL DAMAGES
applied in making decisions. - include physical suffering, mental anguish, fright,
branches of law serious anxiety, besmirched reputation, wooden
1. international law feeling, moral shock, social limitation and similar
2. national law injury.
3.criminal law 2. EXEMPLARY DAMAGES
4.civil law 3. NOMINAL DAMAGES
characteristics of patrimonial obligation 4. TEMPERATE OR MODERATE DAMAGES
1.they represent an exclusively private interest 5. ACTUAL OR CONPENSATORY
2. they create ties that are by nature transitory 6. LIQUIDATED DAMAGES
3. they exist a power to make effective in case of non
fulfillment, the economy equivalent obtained at the patrimony
of a debtor

creditor or oblige – active subject

debtor or obligor – passive subject
SOURCES OF OBLIGATION
1.law as a sources of obligations
2. contracts as a sources of obligations
3. quasi contract as a sources of obligations
2 kinds of quasi contract
a. solution in-debit – obliged to return something received by
him through error or mistake.
b. negotiorum gestio – voluntary management by a perso of
the abandoned business.

4. delict or act omission punished law as a sources of

obligations – known as delict or folony or crime

CIVIL ARISING FROM DELICTS

a. restitution
b. reparation