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What Is (Civil) Obligation?
What Is (Civil) Obligation?
What Is (Civil) Obligation?
Philippine Civil Code Article 1156 defines obligation as a juridical necessity to give, to do, or not to
do.
1. Active subject (obligee/creditor) – the one in whose favor the obligation is constituted
2. Passive subject (obligor/debtor) – the one who has the duty of giving, doing or not doing
3. Object – prestation; the conduct which has to be observed by the debtor/obligor
4. Vinculum Juris (juridical/legal tie) - binds or connects the parties to the obligation
5. Causa (causa debendi/causa obligationes) - why obligation exists
Example:
X is obliged to sell Y a laptop for ₱45,000.
Obligation 1 Obligation 2
Active Subject Y X
Passive Subject X Y
Prestation To deliver the laptop To pay ₱45,000
Juridical Tie Contract Contract
Example:
Obligations Rights
X To deliver the laptop Demand the collection
of ₱45,000
Y To pay ₱45,000 Demand the delivery of
laptop
If X delivered the laptop and Y does not pay X ₱45,000, X will have a right of action.
X - plaintiff
Y - defendant
Form of obligations: Can be oral, or in writing, or partly oral and partly in writing.
Sources of Obligations
Article 1157. Obligations arise from:
(2) Contracts - a meeting of minds between two parties whereby one binds himself, with respect to
the other, to give something or to render some service.
Example:
a. The obligation to repay a loan or indebtedness by virtue of an agreement.
b. To deliver a product or service in exchange of a payment.
(3) Quasi-contracts - is that juridical relation resulting from certain lawful, voluntary and unilateral
acts by virtue of which the parties become bound to each other to the end that no one will be
unjustly enriched or benefited at the expense of another.
(a) Solutio Indebiti - the juridical relation which is created when something is received when
there is no right to demand it and it was unduly delivered through mistake.
Example: You received excessive change after buying from a store, it is your obligation to return
the excessive change
(b) Negotiorum Gestio - the voluntary management of the property or affairs of another without
the knowledge or consent of the latter.
Example: Another person took care of your dog while you're away, it is your obligation to
reimburse him the necessary expenses he incurred
(4) Delicts - also known as crime or felony. When they arise from civil liability which is the
consequence of a criminal offense.
Example: the obligation of a thief to return the car stolen by him; the duty of a killer to indemnify
the heirs of his victim
(5) Quasi-delicts or torts - this is an act or omission by one party which causes damage to another
party wherein there is no pre-existing contract.
Example:
(a) Because of the organizers' negligence, audience were hurt during an event
(b) Because you are not careful while running in a busy sidewalk, you bumped into a child and
the child suffered injuries
– In both cases the tortfeasors (organizers, you) will answer for the medical expenses of the
audience (first case) and the child (second case)
(c) the obligation of the possessor of an animal to pay for the damage which it may have caused
Example:
a. X stole the car of Y. If X is convicted, the court will order X: (1) to return the car (or to pay its
value if it was lost or destroyed); (2) to pay for any damage caused to the car; and (3) to pay such
other damages suffered by Y as a consequence of the crime
b. X stole the vehicle of Y. X was sighted by the authority and was engaged in a car chase. After a
while, X was apprehended by the authority but the vehicle he stole from Y got damaged.
Furthermore, Y should have presented the vehicle in a car show the same day X stole the said
vehicle. As a result, Y loss potential income from the car show.