Article 1156 of the Civil Code

-defines an obligation as a juridical necessity to give, to do, or not to do something. This legal
provision establishes the basic concept of obligations in civil law systems.

According to Article 1156, an obligation is constituted when there are three essential elements:

1. The presence of a juridical or legal tie between the parties involved. This means that the obligation
must arise from a valid legal relationship, such as a contract, a quasi-contract, a delict, or a quasi-delict.

2. An object or subject matter of the obligation. The object can be a specific thing, a specific act, or
abstention from doing something.

3. Legal grounds or a cause for the obligation. This refers to the reason or basis that gives rise to the
obligation. It could be a contract, a tort, a law, or any other legal source.

In simpler terms, Article 1156 states that an obligation requires a legal relationship, a specific action or
object, and a legal basis for the obligation. This article provides the framework for understanding and
enforcing obligations under civil law systems.

*Certainly! Here are a few examples of obligations based on Article 1156:

1. Contractual Obligation:

-a party signs a lease agreement to rent an apartment. The tenant is obligated to pay monthly rent to
the landlord, while the landlord is obligated to provide a habitable living space.

2. Tortious Obligation:

-a driver negligently causes an accident that results in property damage to another person's car. The at-
fault driver is obligated to compensate the damaged party for the repair costs.

3. Quasi-Contractual Obligation:

-a person mistakenly deposits an excess amount of money into someone else's bank account. The
recipient of the funds has an obligation to return the excess amount to the rightful owner, as it would be
unjust to keep the additional funds.

4. Legal Obligation:

-tax laws require individuals to pay their income taxes by a specified deadline. Failure to fulfill this
obligation may result in penalties or legal consequences.

These examples demonstrate different scenarios where an obligation arises based on a legal relationship,
a specific action or object, and a legal basis for the obligation.

There are various kinds of obligations that can exist in different contexts. Here are some common types:
1. Legal Obligations: These are requirements enforced by law, and failure to fulfill them can result in
legal consequences, such as fines or imprisonment.

2. Moral Obligations: are based on ethical principles and societal norms. They guide our actions on
what is right or wrong, even in the absence of legal consequences.

3. Financial Obligations: These pertain to responsibilities related to money, such as paying debts, bills, or
taxes. Failing to meet financial obligations can lead to negative consequences like penalties, interest, or
damaged credit.

4. Professional Obligations: refer to the duties and responsibilities that individuals have in their
respective professions. These obligations can include ethical codes, standards of conduct, and
responsibilities towards clients or colleagues.

5. Social Obligations: involve responsibilities within relationships and society. These can include being
supportive to friends and family, participating in community activities, or helping others in need.

6. Personal Obligations: are self-imposed responsibilities that individuals set for themselves. These can
include personal goals, commitments, or promises made to oneself.

7. Contractual Obligation: arise from agreements or contracts between two or more parties. They
outline the specific responsibilities and duties each party must fulfill, and breaching these obligations
can result in legal consequences or the loss of benefits.

It is important to note that the types and scope of obligations can vary depending on specific
circumstances and cultural norms.

There are 4 essential requisites of an obligation in order to exist. All of these must be present:

1. Active subject - It is the party (creditor or obligee) who has the right to demand the performance of
an obligation.

2. Passive subject - It is the one (debtor or obligor) who is obliged to perform the obligation.

3. Prestation - It is the object of the obligation. It is what the obligation is all about either to give, to do,
not to do, or a combination.

4. Efficient Cause - The juridical tie that binds the parties to an obligation. It is what binds the parties
(e.g. contracts, quasi contracts).
Example: Dianna is obliged to give John a diamond ring on October 10 2023 pursuant to a contract
executed on September 3, 2023

What is the meaning of prestation?

a payment in money or in services. a duty to do or not do something in fulfillment of an obligation, or

the performance of such a duty: The contract imposes reciprocal prestations upon the parties.

The prestation is money to be borrowed and the efficient cause is the contract.

Kinds of prestation

1) Culpa Aquiliana;

When a person is guilty of culpa aquiliana, he or she is guilty of an act or failure to act. This act causes
damages to somebody else without any type of contractual relationship between the defendant and the
victim.

2) Culpa Contractual;

negligence is merely incidental in the performance of an already existing contractual obligation.

3) Culpa Criminal

negligence arising from a criminal act.

Example: Romeo executed a contract of loan to borrow money from Juliet whom he wishes to spend in
courting Juliet. Juliet in turn agreed and lend money to Rome.

Requisites of Prestation

Object or prestation, which is the promise or particular conduct to be performed in the performance of
an obligation, and may consist of giving, doing or not doing a thing. Requisites of an object or prestation
of an Obligation are:

1. It must be possible, physically and juridically.

2. It must be determinate.

3. It must have possible equivalent in money.

KINDS OF PRESTATION

REAL- to give or deliver

• Generic Real - to give or deliver an INDETERMINATE thing. Cannot be pointed out with particularity.
Refers only to a class or genus.

*The loss/destruction of the thing to be delivered DOES NOT EXTINGUISH the obligation.

*All remedies namely, specific, substitute and equivalent, are available.

• Specific Real - to give or deliver a DETERMINATE thing, the fruits, and the accessories and accessions;
preserve the thing itself (Art. 1163); DETERMINATE if it is particularly designated or physically segregated
others of the same class.

*The loss/destruction of the thing to be delivered EXTINGUISHES the obligation as long as the
destruction was without fault of the debtor and occured before delay. However, there is an EXCEPTION,
the obligation is NOT EXTINGUISH if the law or stipulation provides so and when the nature of obligation
requires the assumption of risk (Art. 1262).

*Only the Specific and Equivalent Remedy is available. Thus substitute is not available because the
thing to be delivered is a determinate thing and therefore, it cannot be changed.

PERSONAL - to do

•Positive Personal - to do; rendition of some work of service.

*Only Substitute and Equivalent is available. As for the substitute remedy, someone else will made
to do the obligation. Thus, specific is not allowed because you cannot force someone to perform
something if he doesn't want to perform it. Hence, this will be perceived as involuntary action or
servitude.

• Negative Personal - not to do; desistance from the performance of an act.

*Only Substitute and Equivalent is available. Under the negative personal's substitute remedy, what
was done by the debtor can be undone by someone else, at the expense of debtor. On one hand, the
specific remedy is not available because the act that should not be done was already done.

If the debtor does not fulfill his obligations or fails to deliver the thing, the creditor is given several
remedies that he can avail of, like:

1. Specific - can choose either specific performance or rescission/resolution. The creditor may only
choose one. If he picks one, he can no longer use the other.

• Specific Performance - here the creditor will seek the performance of the obligation. The
obligator will be compelled to do his obligation.

• Rescission/Resolution (Art. 1191) - if this was chosen, the contract will be cancelled. Parties will
go back to how they were before the obligation, as if there was no obligation.

*Available only for reciprocal obligations.

*The breach must be substancial.

2. Substitute - some other person will perform the obligation of the debtor or a different object will
be delivered. Debtor will pay the expenses in making another person do his obligation.

3. Equivalent - involve the conversion of the obligation to something pecuniary. Instead of performing
the unfulfilled obligation, the debtor will just pay for the damages.