1. Obligation (ARTICLE 1156). An obligation is a juridical necessity to give, to do or not to do.

It is a duty or responsibility of a debtor/obligor to a creditor/oblige that must be fulfilled whether the debtor/obligor likes it or not. It is a legal agreement stipulating a specified payment or action, especially if the agreement also specifies a penalty for failure to comply. 2. Obligation is a juridical necessity because if there is a case of noncompliance from the debtor/obligor, a court of justice is needed for everything to be in order. The debtor must fulfill all his obligations to the creditor/obligee, and if he didnt, he will suffer the consequences imposed to him by the court. 3. Essential requisites of an obligation A. Passive subject (debtor/obligor) the person who is bound to the fulfillment of the obligation, he who has a duty; B. Active subject (creditor/obligee) the person who is entitled to demand the fulfillment of the obligation, he who has a right; C. Object or prestation (subject matter of the obligation) the conduct required to be observed by the debtor. D. Juridical or legal tie (also called efficient cause) that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing source of obligation. 4. Real obligation (obligation to give) is an obligation where one is committed to do so. Subject matter is a thing which the obligor must give to the obligee, while personal obligation (obligation to do or not to do) is that in which a person has a choice to do or not to do an obligation. 5. A debtor is a person who owes a creditor; someone who has the obligation of paying a debt. A creditor is he who has a right to require the fulfillment of an obligation or contract.

6. Sources of obligations A. Law when they are imposed by the law itself. B. Contracts (ARTICLE 1306) when they arise from the stipulation of parties. C. 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. (ARTICLE 2142). In a sense, these obligations may be considered arising from law. D. Crimes or acts or omissions punished by law when they arise from civil liability which is the consequence of a criminal offense. (ARTICLE 1161). E. Quasi-delicts or torts when they arise from damage caused to another through an act of omission, there being fault or negligence, but no contractual relation exists between parties. (ARTICLE 2176).

7. - A determinate/specific thing is identified by its individuality. The debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor. - An indeterminate/generic thing is identified only by its specie. The debtor can give anything of the same class as long as it is of the same kind.

8. Duties of debtor in obligation to give a determinate thing. A. Preserve the thing In obligations to give (real obligations), the obligor has the incidental duty to take care of the thing due with diligence of a good father of a family pending delivery. Proper caution is a must in handling a delivery. B. Deliver the fruits of the thing (ARTICLE 1164) the creditor have a right to the fruits of the thing from the time the obligation to deliver arises. However, he shall acquire no real right over it until the same has been delivered to him. C. Deliver the accessions and accessories (ARTICLE 1166) the obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. D. Deliver the thing itself the object that will be delivered should be in proper, in good quality and on time. It should meet the obligees specifications. E. Answer for damages in case of non-fulfillment or breach the obligor should be liable for the damages he caused whether because of his performance concerning fraud, negligence or delay. 9. The diligence of a good father reminds us that we should be cautious in dealing with our affairs to other people. We should conduct ourselves to others with the kind of diligence that we ourselves ought to exercise in handling the affairs of our own family. Extraordinary diligence It tells us that very cautious care is needed in exercising extraordinary diligence because under the law the debtor will be responsible or liable if any accident will happen. 10. Negligence is a voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation. It means that a person committing negligence has no intention to cause damage or injury. Negligence is committed only by mistake or due to failure exercising care