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Read Article 1156 to 1163 of the Civil Code of the Philippines

Art. 1156. An obligation is a juridical necessity to give, to do or not to do.


Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in
this Code or in special laws are demandable, and shall be regulated by the precepts of the law
which establishes them; and as to what has not been foreseen, by the provisions of this Book.
(1090)
Art. 1159. Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith. (1091a)
Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter
1, Title XVII, of this Book.
Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws,
subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
(1092a)
Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter
2, Title XVII of this Book, and by special laws. (1093a)
CHAPTER 2
NATURE AND EFFECT OF OBLIGATIONS
Art. 1163. Every person obliged to give something is also obliged to take care of it with the
proper diligence of a good father of a family, unless the law or the stipulation of the parties
requires another standard of care. (1094a)
Define obligation
- The definition of obligation in law refers to the responsibility to follow through on actions
agreed upon in a contract, promise, law, oath, or vow.
Different elements of an obligation

 The active subject - is the person who has the right or power to demand the
performance or payment of the obligation. He is also called the obligee or the creditor.
 The passive subject - is the person bound to perform or to pay. He is the one against
whom the obligation can be demanded. He is also called the obligor or the debtor.
 The prestation or subject matter - is the object of the contract. It is the conduct required
to be observed by the debtor or the obligor. It may be an obligation to give, to do, or not
to do.
 The vinculum juris - is also known as the juridical or legal Tie. Other authors call it the
efficient cause. It is that which binds or connects the parties to the obligation. In other
words, it is the legal relation between the debtor and the creditor (or obligor and obligee).
Difference between civil obligation and natural obligation

 A civil obligation (as defined in Art. 1156) - is based on positive law; hence, it is
enforceable by court action.
 A natural obligation - is an obligation that has no legal basis and hence does not give a
right of action to enforce its performance. It is based on equity, morality, and natural law,
and should be voluntary and is based on natural law; hence, it is not enforceable by
court action.
What are the sources of obligation?

 Law – when they are imposed by law itself. Example: obligation to pay taxes; obligation
to support one’s family.
 Contracts – when they arise from the stipulation of the parties. Example: the obligation to
repay a loan or indebtedness by virtue of an agreement.
 Quasi-contracts – when they arise from lawful, voluntary and unilateral acts which are
enforceable to the end that no one shall be unjustly enriched or benefited at the expense
of another. Example: the obligation to return money paid by mistake or which is not due.
 Crimes or acts or omissions punished by law - when they arise from civil liability which is
the consequence of a criminal offense. Example: the obligation of a thief to return the car
stolen by him; the duty of a killer to indemnify the heirs of his victim.
 Quasi-delicts or torts. – when they arise from damage caused to another through an act
or omission, there being fault or negligence, but no contractual relation exists between
the parties. Example: the obligation of the head of a family that lives in a building or a
part thereof to answer for damages caused by thing thrown or falling from the same; the
obligation of the possessor of an animal to pay for the damage which it may have
caused.
Differences of: power, right, and obligation.

 Power – is the right, ability, or authority to perform an act. An ability to generate a


change in a particular legal relationship by doing or not doing a certain act.
 Right - is something you may do if you wish, and others are morally obligated to permit
your action.
 Obligation - refers to contract laws that require a party to either do something or keep
from doing something.

References:
https://www.projectjurisprudence.com/2019/11/elements-of-obligation.html#:~:text=Every
%20obligation%20has%20four%20essential,prestation%3B%20and%20the%20legal%20tie.
https://askinglot.com/what-is-natural-obligation
https://www.slideshare.net/jeckobechayda/obligations-and-contracts
https://legal-dictionary.thefreedictionary.com/Power
https://www.upcounsel.com/definition-of-obligation-in-business-law
https://courses.lumenlearning.com/masterybusinesslaw/chapter/rights/#:~:text=A%20right
%2C%20in%20sum%2C%20is,that%20people%20aren't%20mistreated.

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