OBLIGATIONS

ARTICLE 1156. An obligation is a

juridical necessity to give, to do
or not to do. (n)

enforced, it may be only a

natural obligation.

Meaning of obligation:

Latin word obligatio which

means a tying or binding.
tie of law or a juridical bond by
virtue of which one is bound in
favor of another to render
something.
may consist: in giving a
thing, doing a certain act,
or not doing a certain act
a legal relation established
between one party and another,
whereby the latter is bound to
the ful llment of a prestation
which the former may demand
of him.

Meaning of juridical necessity:

in case of non-compliance, the

courts of justice may be called
upon to enforce its fulllment
or, in default thereof, the
economic value that it
represents.
the debtor may also be made
liable for damages, which
represent the sum of money
given as a compensation for the
injury or harm suffered by the
creditor or obligee
the debtor must comply with his
obligation whether he likes it or
not; otherwise, his failure will be
visited with some harmful or
undesirable legal
consequences.
- If obligations were not made
enforceable, then people can
disregard them with impunity. If
an obligation cannot be

Nature of obligations under the Civil

Code
Civil Obligations- Obligations which
give to the creditor or obligee a right
of action in courts of justice to enforce
their performance
Natural Obligations-not being based
on positive law but on equity and
natural law, do not grant a right of
action to enforce their performance
although in case of voluntary
fulllment by the debtor, the latter
may not recover what has been
delivered or rendered by reason
thereof
Essential requisites of an obligation
(1) A passive subject (called debtor or
obligor) or the person who is bound to
the fulllment of the obligation; he
who has a duty;
(2) An active subject (called creditor or
obligee) or the person who is entitled
to demand the fulllment of the
obligation; he who has a right;
(3) Object or prestation (subject
matter of the obligation) or the
conduct required to be observed by
the debtor. It may consist in giving,
doing, or not doing. (see Art. 1232.)
Without the prestation, there is
nothing to perform. In bilateral
obligations (see Art. 1191.), the
parties are reciprocally debtors and
creditors;
(4)A juridical or legal tie (also called
ef cient cause) or that which binds or

connects the parties to the obligation.

The tie in an obligation can easily be
determined by knowing the source of
the obligation.
Form of obligation
General rule:
I.

II.

the law does not require any

form in obligations arising from
contracts for their validity or
binding force.
Obligations arising from other
sources (Art. 1157.) do not have
any form at all

Obligation, right, and wrong (cause of

action) distinguished.

(1) Obligation is the act or

performance which the law will
enforce.
(2) Right, on the other hand, is the
power which a person has under the
law, to demand from another any
prestation.
(3) A wrong (cause of action),
according to its legal meaning, is an
act or omission of one party in
violation of the legal right or rights of
another, causing injury to the latter;
( In a breach of contract, the contract
violated is the subject matter, while
the breach thereof by the obligor is
the cause of action)
Essential elements of cause of action.