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Obligation - Mariano, Rhowie BME-1E
Obligation - Mariano, Rhowie BME-1E
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.
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.