Obligation

OBLIGATION
An obligation is a juridical necessity to give, to do or not to do.
The term obligation is derived from the Latin word obligatio which means tying or binding. It is
a tie or bond recognized by law by virtue of which one is bound in favor of another to render
something – and this may consist in giving a thing, doing a certain act, or not doing a certain
act.
Obligor – one who has the duty of giving, doing or not doing.
Obligee – one who has the right to the performance of the obligation.
Obligation is a juridical necessity because in case of non-compliance, the courts of justice
may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the
economic value that it represents.
Civil obligations – obligations which give to the creditor or obligee a right under the law to
enforce their performance in courts of justice.
Natural obligations – do not grant a right of action to enforce their performance although in
case of voluntary fulfillment by the debtor, the latter may not recover what has been
delivered or rendered by reason thereof.
Four essential requisites of an obligation
a. A passive subject (called debtor or obligor) – the person who is bound to the
fulfillment of the obligation; he who has the duty.
b. An active subject (called creditor or 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. It may consist in giving, doing, or not doing. Without the prestation,
there is nothing to perform.
d. A juridical or legal tie (also called efficient cause) that which binds or connects the parties to
the obligation.
Obligation, right, and wrong distinguished
a. Obligation is the act or performance which the law will enforce.
b. Right is the power which a person has under the law, to demand from another any
prestation.
c. A wrong (cause of action), is an act or omission of one party in violation of the legal
right or rights (i.e., recognized by law) of another.
In law, the term injury is also used to refer to the wrongful violation of the legal right of
another.
The essential elements of a legal wrong or injury are:
a. a legal right in favor of a person (creditor / plaintiff)
b. correlative legal obligation on the part of another (debtor / defendant)
c. an act or omission by the latter in violation of said right with resulting damage to the
former.

Kinds of obligation according to the subject matter

a. Real obligation (obligation to give) is that in which the subject matter is a thing which the
obligor must deliver to the obligee.
b. Personal obligation (obligation to do or not to do) is that in which the subject matter is an
act to be done or not to be done.
- Positive personal obligation or obligation to do or to render service.
-Negative personal obligation is obligation not to do (which naturally includes obligations
“not to give”).
Sources of obligations
a. Law – when they are imposed by law itself.
b. Contracts – when they arise from the stipulation of the 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.
d. Crimes or acts or omissions punished by law – when they arise from civil liability which
is the consequence of a criminal offense.
e. 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.
Compliance in good faith – compliance or performance in accordance with the stipulations or
terms of the contract or agreement.
Delay - as used in the law:
a. Ordinary delay is merely the failure to perform an obligation on time.
b. Legal delay or default is the failure to perform an obligation on time which failure
constitutes a breach of the obligation.
Kinds of delay or default
a. Mora solvendi or the delay on the part of the debtor to fulfill his obligation (to give or to
do).
b. Mora accipiendi or the delay on the part of the creditor to accept the performance
of the obligation.
c. Compensatio morae or the delay of the obligors in reciprocal obligations (like in sale) i.e.,
the delay of the obligor cancels the delay of the obligee, and vice versa.
Requisites of delay by the debtor Conditions present before mora solvendi can exist:
a. failure of the debtor to perform his obligation on the date agreed upon
b. demand (not reminder or notice) made by the creditor upon the debtor to comply with
his obligation which demand may be either judicial (when a complaint is filed in court) or
extrajudicial (made outside of court)
c. failure of the debtor to comply with such demand
Effects of mora solvendi
a. The debtor is guilty of breach or violation of the obligation.
b. He is liable to the creditor for interest (obligations to pay money) or damages (in other
obligations)
c. He is liable even for a fortuitous event when the obligation is to deliver a determinate
thing.
Effects of mora accipiendi
a. The creditor is guilty of breach of obligation.
b. He is liable for damages suffered, if any, by the debtor.
c. He bears the risk of loss of the thing due.
d. Where the obligation is to pay money, the debtor is not liable for interest
from the time of creditor’s delay.
e. The debtor may release himself from the obligation by the consignation or
deposit in court of the thing or sum due.
In compensatio morae, the delay of the obligor cancels the delay of the obligee and vice versa.
The net result is that there is no default or delay on the part of both parties.