Obligation – it is a tie or bond recognized by law by virtue of which one is bound in favour of another to render something. Juridical necessity – in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfilment or, in default thereof, the economic value that it represents. Civil obligations – are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice. Natural obligations – are obligations not being based on positive law but on equity and natural law.
Essential requisites of an obligation:
1. Passive subject – the person who is bound to the fulfilment of the obligation. 2. Active subject – the person who is entitled to demand the fulfilment of the obligation. 3. Object or prestation – the conduct required to be observed by the debtor. 4. Juridical or legal tie (efficient cause) – it binds or connect the parties to the obligation. Right – is the power which a person has under the law, to demand from another any prestation. Wrong – is an act or omission of one party in violation of the legal right or rights of another.
Kinds of obligation according to the subject matter:
1. Real obligation – is that in which the subject matter is a thing which the obligor must deliver to the obligee. 2. Personal obligation – is that in which the subject matter is an act to be done or not to be done. a. Positive personal obligation – obligation to do or to render service. b. Negative personal obligation – obligation not to do. Sources of obligation:
1. Law – when they are imposed by law itself.
2. Contracts – when they arise from the stipulation of the parties. 3. Quasi-contracts – when they arise from lawful, voluntary, and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. 4. Crimes – when they arise from civil liability which is the consequence of a criminal offense. 5. Quasi-delicts – when they arise from damage caused to another through an act or omission. Contracts – is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Kinds of quasi-contracts:
1. Negotiorum gestio – is the voluntary management of the property or affairs of another without the knowledge or consent of the latter. 2. Solutio indebiti – is 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.
Requisites of quasi-delict:
1. There must be an act or omission
2. There must be fault or negligence
3. There must be damage caused
4. There must be a direct relation or connection of cause and effect between the act or omission and the damage 5. There is no pre-existing contractual relation between the parties.
Specific thing – is a thing that is particularly designated or physically segregated other of the same class. Generic thing – is a thing that refers only to a class or genus to which it pertains and cannot be pointed out with particularity.
Duties of debtor in obligation to give a determinate thing: 1. Preserve the thing
2. Deliver the fruits of the thing
3. Deliver the accessions and accessories
4. Deliver the thing itself
5. Answer for damages in case of non-fulfilment or breach
Different kinds of fruits:
1. Natural fruits – are the spontaneous products of the soil, and the young and other products of animals. 2. Industrial fruits – are those produced by lands of any kind through cultivation or labor. 3. Civil fruits – are those derived by virtue of a juridical relation. Personal right – is the right or power of a person to demand from another, as a definite passive subject, the fulfilment of the latter’s obligation to give, to do, or not to do. Real right – is the...
Please join StudyMode to read the full document