OBLIGATIONS

- Juridical necessity to give, to do, or not to do

REQUISITIES OF OBLIGATION
1. ACTIVE SUBJECT – creditor/obligee
2. PASSIVE SUBJECT – debtor/obligor
3. PRESTATION – object/subject matter
4. EFFICIENT CAUSE – legal/juridical tie

CIVIL OBLIGATION – based of positive law; enforceable

by court action
NATURAL OBLIGATION – based on natural law; not
enforceable by law; exists in equity and moral justice

SOURCES OF OBLIGATION
1. LAW – rule of conduct, just and obligatory;
there should be a law, can’t be presumed
2. CONTRACTS – meeting of minds to give
something or to render services
3. QUASI-CONTRACTS – no meeting of minds;
voluntary and unilateral acts giving rise to a
juridical relation
a. NEGOTIORUM GESTIO – unauthorized
management; voluntary administration
w/o consent or authority; obligation to
reimburse
b. SOLUTIO INDEBITI – undue payment;
payment by mistake w/c was not due
when paid; obligation to return
payment
4. DELICTS – acts or omissions punishable by law
a. CONVICTED – civil & criminal obligation
b. ACQUITTED – civil obligation only
Note: Did not commit act, no civil obligation.
5. QUASI-DELICTS (tort/culpa aquiliana) – acts or
omissions that cause damage, there being
fault/negligence but w/o pre-existing relation
between parties

NATURE AND EFFECT OF OBLIGATIONS

Determinate Thing – particularly/physically segregated
Generic Thing – not particularly/physically segregated
Note: Determinate thing lost through a fortuitous event
extinguishes the obligation.
Obligations of one obliged to give a determinate thing:
1. To take good care of the thing w/ the diligence
of a good father of a family unless in law or
stipulated
2. To deliver the thing
3. To deliver the fruits of the thing