Вы находитесь на странице: 1из 1

(a)CIVIL OBLIGATION that defined in Article 1156; an obligation, if not fulfilled when it becomes due and

demandable, may be enforced in court through action; based on law; the sanction is judicial due process

(b)NATURAL OBLIGATION defined in Article 1423; a special kind of obligation which cannot be enforced in court
but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity
and natural law. (i.e. when there is prescription of duty to pay, still, the obligor paid his dues to the obligee the
obligor cannot recover his payment even there is prescription) the sanction is the law, but only conscience had
originally motivated the payment.
(c) MORAL OBLIGATION the sanction is conscience or morality, or the law of the church. (Note: If a Catholic
promises to hear mass for 10 consecutive Sundays in order to receive P1,000, this obligation becomes a civil
one.)
B. From the viewpoint of subject matter (a) REAL OBLIGATION the obligation to give
(b) PERSONAL OBLIGATION the obligation to do or not to do (e.g. the duty to paint a house, or to refrain from
committing a nuisance)
C. From the affirmativeness and negativeness of the obligation (a) POSITIVE OR AFFIRMATIVE OBLIGATION the obligation to give or to do
(b) NEGATIVE OBLIGATION the obligation not to do (which naturally inludes not to give)
D. From the viewpoint of persons obliged - sanction (a) UNILATERAL where only one of the parties is bound (e.g. Plato owes Socrates P1,000. Plato must pay
Socrates.)
(b) BILATERAL where both parties are bound (e.g. In a contract of sale, the buyer is obliged to deliver)
- may be:
(b.1) reciprocal
(b.2) non-reciprocal where performance by one is non-dependent upon performance by the other
ELEMENTS OF OBLIGATION
a) ACTIVE SUBJECT (Creditor / Obligee) the person who is demanding the performance of the obligation;
b) PASSIVE SUBJECT (Debtor / Obligor) the one bound to perform the prestation or to fulfill the obligation or
duty;
c) PRESTATION (to give, to do, or not to do) object; subject matter of the obligation; conduct required to be
observed by the
debtor;
d) EFFICIENT CAUSE the JURIDICAL TIE which binds the parties to the obligation; source of the obligation.
PRESTATION (Object)
1. TO GIVE delivery of a thing to the creditor (in sale, deposit, pledge, donation);
2. TO DO covers all kinds of works or services (contract for professional services);
3. NOT TO DO consists of refraining from doing some acts (in following rules and regulations).
Requisites of Prestation / Object:
1) licit (if illicit, it is void)
2) possible (if impossible, it is void)

Вам также может понравиться