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OBLIGATIONS
OBLIGATIONS
of a thing to the
creditor
DEFINITION:
2. Positive Personal
It is a juridical necessity to Obligation (to do)
give, to do, or not to do. (Article
→ involves all kinds of
1156 of the Civil Code)
works or services
A juridical relation between two 3. Negative Personal
persons, known as the creditor and Obligation
debtor, whereby the former can (not to do)
demand from the latter the → consists of abstaining
observance of a determinate conduct from some act
and in case of breach, may obtain → includes the act of
satisfaction from the assets of the “not to give”
latter. 4. EFFICIENT CAUSE OR JURIDICAL TIE OR
VINCULUM JURIS
ESSENTIAL ELEMENTS OF AN OBLIGATION
the efficient cause by virtue
of which the debtor becomes
1. ACTIVE SUBJECT (CREDITOR/OBLIGEE)
bound to perform the
the possessor of the right prestation
the party who has the right to the tie which binds the
demand the performance of an parties to the obligation
obligation
he in whose favor the obligation SOURCES OF OBLIGATION
is constituted
2. PASSIVE SUBJECT (DEBTOR/OBLIGOR) 1. LAW
he who has the duty of giving, → A rule of conduct, just, and
doing, or not doing obligatory laid down by legitimate
the party who is obliged to authorities for the common
perform the obligation observance and benefit.
3. OBJECT OR PRESTATION → Obligations derived from law are
subject matter of the obligation not presumed; only those expressly
the promise or particular determined in Civil Code or in
conduct to be performed in the special laws are demandable and
performance of an obligation shall be regulated by the precepts
may consist of giving, doing, or of the law which establishes them;
not doing something and as to what has not been
REQUISITES OF OBJECT/PRESTATION foreseen, by the provisions of
1. Licit or lawful this Book.
2. Possible – physically and
judicially
3. Determinate or determinable
4. Possible equivalent in
money
KINDS OF PRESTATION
1. Real Obligation (to give)