Remar Jhon V.

Hernan BSA - 2

1. Define obligations
- According to article 1156, an obligation is a juridical necessity to give, to do, or not to do.
An obligation is either a person demanding performance from another person or a person
performing the demanded performance to another person.

2. Give atleast 3 examples of obligations (sentence form)

* Joseph is obliged to deliver a sack of rice to Jonathan.
* Kent is a mechanic, He is obliged to fix the cars of the customers.
*Carl promise to pay P1,400 of monthly rent to the landlord.

3. Sources of obligations
* Law
- According to Sancghez Roman, 23, law is a rule of conduct, just and obligatory, laid down
by legitimate authority for the common observance and benefit.
* Contracts
- According to Article 1305, a contract is meeting of minds between two persons whereby
one binds himself, with respect to the other, to give something or to render some service.
* Quasi-contract
- According to article 2142, a quasi-contract is a juridical relation arising from certain lawful,
voluntary and unilateral acts, and which has for its purpose the payment of indemnity to the
end that no one shall be unjustly enriched or benefited at the expense of another.
* Acts or omissions punished by law (delicts)
- is wrongful act which causes damage to someone, they can be civilly liable or criminally
liable. The victim is to be given compensation.
* Quasi-delicts
- According to article 2176, quasi-delicts is an act or omission which causes damage to
another there being fault or negligence but without any pre-existing contractual relation
between the parties.

4. Different kinds of obligation; define each

* Pure obligation
- is one without a term or condition; hence, it is demandable at once.
* Conditional obligation
- is one whose demandability or extinguishment is subject to the happening of a condition.
* Obligation with a period
- is one whose demandability or extinguishment is subjected to the expiration of the term
which must necessarily come. For short, there is a certain day when the obligation will arise
or cease.
* Alternative obligation
-is one where several prestations are alternatively due but the complete performance of one
of them by the debtor is sufficient to extinguish the debt.
* Facultative obligation
- is an obligation where only one prestation has been agreed upon the debtor may render
another in substitution.
* Joint obligation
- is one where each debtor is liable only for a proportionate part of the debt, and each
creditor is entitled only to a proportionate part of the credit.
* Solidary obligation
- is one where any one of the debtors can be held liable for the whole obligation, and any
one of the creditors can collect the whole obligation.
* Divisible obligation
- is one that is susceptible of partial performance.
* Indivisible obligation
- is one that is not susceptible of partial performance.
* Obligation with a penal cause
- is one which provides for a greater liability in case of non-compliance.
* Unilateral obligation
- is an obligation undertaken voluntarily, when a person promises in definite terms to do
something to benefit or favour another, and may therefore be under a legal obligation to
keep their promise.
* Bilateral obligation
- is which both parties exchange promises to perform. One party's promise serves as
consideration for the promise of the other.
* Reciprocal obligation
- is a responsibility that one person has to another, and vice versa. It is a sort of agreement
that equally binds two parties.
* Simple obligation
- is one where there is only one prestation, such as the obligation to give a specific car.
* Compound obligation
- is one where there are two or more prestations. It may either be conjunctive or distributive.
* Positive obligation
- is an obligations to "do something" to ensure the protection and defense of human rights.
* Negative obligation
- is an obligation to prevent from acting in a way that might hinder human rights.
* Civil obligation
- is a legal tie that allows the party with whom it is contracted the ability to enforce its
performance through the legal system.
* Natural obligation
- is one that, while not enforceable through action, is binding on the party making it in
conscience and in accordance with natural justice.

5. Modes of extinguishing an obligation; define each

* Payment of performance
- According to article 1232, payment means not only the delivery of money but also the
performance, in any other manner, of an obligation.
* Loss of the thing due
- According to article 1262, an obligation which consist in the delivery of a determinate thing
shall be extinguish if it should be loss or destroyed without the fault of the debtor, and before
he has incurred in delay.
* Condonation or remission of the debt
- According to article 1270, condonation or remission is essentially gratuitous, and requires
the acceptance of the obligor. It may be made expressly or impliedly.
* Confusion or merger of the rights of creditor and debtor
- is the meeting in one person of the characters of debtor and creditor. According to article
1275, the obligation is extinguished from the time the characters of the debtor and creditor
merged in the same person.
* Compensation
- According to article 1278, compensation shall take place when two persons, in their own
right, are creditors and debtors of each other.
* Novation
- According to article 1291, novation is the modification or extinguishment of an obligation by
another, either b changing the object or principal condition, substituting the person of the
debtor, or subrogating a third person in the rights of the creditor.