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Obligation - the action of obligating oneself to a course of action (as by a promise or vow) 2.

a.: something (such as a formal contract, a promise, or the demands of conscience or


custom) that obligates one to a course of action. made an obligation to pay their children's
college expenses.

Article 1156 - An obligation is a juridical necessity to give, to do or not to do. of another


person (creditor) which if breached is enforced in court. not doing and the one who is bound
to the fulfillment of the obligation.

Article 1157 - When an obligation consists in the delivery of an indeterminate or generic


thing, the creditor cannot demand a particular one.

Article 1158 - Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall be regulated by the
precepts of the law which establishes them; and as to what has not been foreseen, by the
provisions of this Book.

Article 1159 - "Obligations arising from contracts have the force of law between the
contractual parties and shall be followed with in good faith," provides that "Obligations
emerging from contracts have the force of law between the contracting parties.

Article 1160 - Obligations derived from quasi- contracts shall be subject to the provisions of
Chapter 1, Title XVII of this Book.

DEFINITION: A quasi-contract is that juridical relation resulting from 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.

Article 1161 - Civil obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.

Article 1162 - Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws.

DEFINITION: Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done.
Obligation has four elements

a) ACTIVE SUBJECT is the person who has the right or power to demand the
performance or payment of the obligation. He is also called the oblige or the creditor.
b) PASSIVE SUBJECT is the person bound to perform or to pay. He is the one against
whom the obligation can be demanded. He is also called the obligor or the debtor.
c) PRESTATION is the object of the contract. It is the conduct required to be observed
by the debtor or the obligor. It may be an obligation to give, to do, or not to do.
d) VINCULUM JURIS is also known as the juridical or legal Tie. Other authors call it the
efficient cause. It is that which binds or connects the parties to the obligation. (De
Leon) In other words, it is the legal relation between the debtor and the creditor (or
obligor and oblige).

The sources of obligation, often discussed in legal and moral philosophy, refer to the various
factors or grounds that give rise to an individual's duty to act or refrain from acting in a
certain way. Here are some common sources of obligation:

a) Legal Obligation: Laws and regulations established by a legitimate authority, such as


governments or international bodies, create legal obligations. These obligations are
enforceable through sanctions or penalties.
b) Moral Obligation: Moral principles and ethical norms guide behavior and can create
obligations independent of legal requirements. These obligations are based on
concepts like fairness, justice, and the well-being of others.
c) Religious Obligation: Religious beliefs and doctrines often prescribe certain
behaviors or duties that adherents are obligated to follow. These obligations are
derived from religious texts, teachings, and traditions.
d) Contractual Obligation: Contracts, whether written or verbal, create obligations
between parties who voluntarily agree to certain terms and conditions. Breach of
contract can lead to legal consequences.
e) Social Obligation: Norms and expectations within a particular society or community
can generate obligations. These may include unwritten rules of conduct, customs,
and cultural traditions.
f) Professional Obligation: Individuals within certain professions, such as doctors,
lawyers, and accountants, have ethical obligations to act in the best interest of their
clients or patients and uphold professional standards.
g) Personal Obligation: Individuals may feel obligated to fulfill commitments or
responsibilities based on personal values, relationships, or promises made to others.
h) Humanitarian Obligation: Concern for the well-being of others, especially those who
are vulnerable or in need, can create obligations to provide assistance, support, or
advocacy.

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