CIVIL LAW REVIEW II

Dean Cahayon Lecture

OBLIGATIONS
I.

Definition-.

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Juridical neccessity any rights and obligations that arises from any source of
obligation are legally demandable
right of action
right to sue
II. Elements of Civil Obligation
1. Passive subject-debtor,obligor
2. Active subject-creditor,obligee
3. Prestation-answer the question what is the obligation
4. Juridical tie- answer the questioon why does the debtor has an
obligation
III. Different kind of Prestation
1. To give-real
2. To do-personal
3. Not to do-negative
IV. Classification of Obligation
1. Civil obligation-gives right of action
2. Natural Obligation-no right of action
No juridical tie
Not a positive law but based on equity,natural law and sense
of fairness
V. Sources of Obligation
1. Law
2. Contracts

3. Quasi-contracts
a. Negotiorum Gestio-voluntary management
Requisites:
i. Property is abandoned
ii.
No authority from the owner
b. Solutio Indebeti-return of things wrongfully received
4. Delicts
5. Quasi-delicts
VI. Nature and Effects of Obligation
1. To give
Determinate or Specific thing
Degree of care required
i. Stipulatulation
ii.
Law
iii.
DOAGFOAF-why?
-It can be loss
Rights of the Creditor
i. Right to the fruits-from the time obligation to deliver
arises
The right to the fruits begins on the maturity.
ii.
Compel to make delivery
NOTE: before delivery the creditor has only
personal right upon the thing, that is to demand
delivery
It is only upon delivery that the creditor becomes
the owner to the thing or his right becomes a real
one.
iii.

Accession and Accessories

Kama
Refrigerator
Kurtina