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NATURE AND EFFECT OF OBLIGATIONS

ART. 1156- An obligation is a juridical necessity to give, to do or not to do.


Obligations may be either civil or natural.
A CIVIL OBLIGATION is based on positive law, while a natural obligation is based on equity and natural
law. The former is enforceable in courts of justice, while the latter is not.

REQUISITES OF OBLIGATIONS- An obligation has four essential requisites.

1. A juridical or legal tie, which binds the parties to the obligation,


and which binds the parties to the obligation, and which may arise from
either bilateral or unilateral acts of persons;
2. An active subject known as the oblige or creditor, who can demand the fulfillment of the obligation;
3. A passive subject known as the obligor or debtor, against whom the obligation is juridically
demandable; and

4. The fact, prestation or service which constitutes the object of the obligation.

CLASSIFICATION OF OBLIGATIONS-

The following is the primary classification of obligations under the Civil Code:
1. Pure and conditional (Arts. 1179-1192)

2. With a period (Arts. 1193-1198)

3. Alternative and facultative (Arts. 1199-1206)

4. Joint and solidary (Arts. 1207-1222)

5. Divisible and indivisible (Arts. 1223-1225)

6. With a penal clause (Arts. 1226-1230)

Other classifications of a secondary character

1. Legal, conventional and penal;

2. Real and personal;

3. Determinate and generic;

4. Positive and negative

5. Unilateral and bilateral


6. Individual and collective

7. Accessory and principal

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