The Law on Obligations and Contracts Outline (Obligation Only)
CHAPTER 1
General Provisions
“An obligation is a juridical necessity to give, to do or not to do.” (Art. 1156) * OBLIGATION * obligatio, Latin, means tying or binding * tie or bond recognized by law by virtue of which one is bound in favor of another to render something * duty under the law of the debtor or obligor - Civil Code * Juridical Necessity * the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance * Action * ordinary suit in court of justice by which one party prosecutes another for the enforceable or protection for a right or a prevention or redress of a wrong * NATURE of obligations – Civil Code * Civil Obligation * one which binds in law, vinculum juris, which gives the creditor a right to enforce their performance in courts of justice * Natural Obligation * not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered and rendered by reason thereof – Art. 1423 * one which in honor and conscience bind the person who contracted it, but which cannot be enforced in courts of justice * ESSENTIAL REQUISITES of an obligation * Passive Subject or Debtor or Obligor * who is bound to perform the prestation; he who has a duty * Active Subject or Creditor or Obligee * who has the power to demand the prestation; he who has a right * Object or Prestation or Subject Matter * which may consist in the act of giving, doing or not doing something; conduct to be observed by the debtor * Juridical/Legal Tie or Efficient Cause or Vinculum Juris * which binds or connects the parties; the source of obligation; the coercive force
General Provisions
“An obligation is a juridical necessity to give, to do or not to do.” (Art. 1156) * OBLIGATION * obligatio, Latin, means tying or binding * tie or bond recognized by law by virtue of which one is bound in favor of another to render something * duty under the law of the debtor or obligor - Civil Code * Juridical Necessity * the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance * Action * ordinary suit in court of justice by which one party prosecutes another for the enforceable or protection for a right or a prevention or redress of a wrong * NATURE of obligations – Civil Code * Civil Obligation * one which binds in law, vinculum juris, which gives the creditor a right to enforce their performance in courts of justice * Natural Obligation * not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered and rendered by reason thereof – Art. 1423 * one which in honor and conscience bind the person who contracted it, but which cannot be enforced in courts of justice * ESSENTIAL REQUISITES of an obligation * Passive Subject or Debtor or Obligor * who is bound to perform the prestation; he who has a duty * Active Subject or Creditor or Obligee * who has the power to demand the prestation; he who has a right * Object or Prestation or Subject Matter * which may consist in the act of giving, doing or not doing something; conduct to be observed by the debtor * Juridical/Legal Tie or Efficient Cause or Vinculum Juris * which binds or connects the parties; the source of obligation; the coercive force