REVIEWER FOR OBLIGATIONS

INTRO TO LAW
What is LAW?
- It determines not only the activities of men as rational beings but also the movements or motions of all objects of
creation, whether animate or inanimate.

The general divisions of LAW:

Subjects of LAW:
The state law, divine law, natural law, and moral law are comprised in the definition of law as a rule of action. They apply
to men as rational beings only. While in physical law, it operates on all things, including men, without regard to the latter’s
use of their power and intelligence.

DIVINE LAW
- It is the law of religion and faith which concerns itself with the concept of SIN and SALVATION.
- It is the SUPREME LAW.
(1) Source – It is formally promulgated by God and revealed or divulged to mankind by means of direct revelation.
(2) Sanction – the sanction of divine law lies in the assurance of certain word rewards and punishments in the present life
or in the life to come.

NATURAL LAW
- Natural law may then be defined as the divine inspiration in man of the sense of justice, fairness, and
righteousness, not by divine revelations or formal promulgation, but by internal dictates of reason alone.
- It is more likely on the conscience of the man.
- Natural law is ever present and binding all men everywhere at all times
(1) Binding force – there are some acts or conduct which man knows in his heart and his conscience, not by theorizing,
but by the dictates of his moral nature, are simply good or bad or evil.
(2) Compared to divine law – Divine law as the law of religious faith, is made known to man by means of direct
revelation, while the natural law, it is said to be impressed in man as the core of his higher self at the very moment of
being or, perhaps, even before that.
(3) Place in state law – Natural law has been regarded as the reasonable basis of state law.

MORAL LAW
- The totality of the NORMS of good and right conduct growing out of the collective sense of right and wrong of
every community.
- Conduct of group of people
(1) Determination of what is right and wrong – The mores or ways of life were then evolved which were always
considered right and correct, and the obedience to them was demanded by the group.
(2) Sanction – As distinguished from state law, there is no definite legal sanction for violation of purely moral law.
(3) Binding force – Moral law is not absolute. It varies with the changing times, condition or convictions of the people.
(4) Place in state law – Moral law, to a great extent, influences or shapes state law.

PHYSICAL LAW
- Known as the laws of physical science or physical law.
- A law of physical science, being addressed to objects which have no power to disobey, is in reality nothing more
than an order or regularity in nature by which certain results follow certain causes.
STATE LAW
- Law that is promulgated and enforced by the state.
- Also called as the positive law, municipal law, civil law, or imperative law.
CONCEPT OF THE STATE LAW
- In general sense, the term refers to all the laws taken together.
- In specific sense, the term has been defined as “rule of conduct, just, obligatory, promulgated by legitimate
authority, and of common observance, and observance.
CHARACTERISTICS OF LAW
- RULE OF CONDUCT
- OBLIGATORY
- PRMOLUGATED BY LEGITAMITE AUTHORITY
- COMMON OBSERVANCE AND BENEFITS
NECCESSITY OF LAWS
- SECURES JUSTICE
- RESOLVES SOCIAL CONFLICT
- ORDERS SOCIETY
- PROTECT INTEEST
- CONTROLS SOCIAL RELATION
SOURCES OF LAW
- CONSTITUTION
 - LEGISLATION
- ADMINISTRATIVE OR EXECUTIVE ORDERS
- JUDICIAL DECISIONS OR JURISPRUDENCE
- CUSTOMS
- OTHER SOURCES
ARTICLES 1156 – 1304
ART. 1156
An obligation is a juridical necessity to give, to do or not to do.
REQUISITES OF OBLIGATION
- PASSIVE SUBJECT (DEBTOR OR OBLIGOR)
- ACTIVE SUBJECT (CREDITOR OR OBLIGEE)
- OBJECT OR PRESTATION
- JURIDICAL OR LEGAL TIE
KINDS OF OBLIGATION
1. REAL OBLIGATION – OBLIGATION TO GIVE
2. PERSONAL OBLIGATION – OBLIGATION TO DO.
- POSITIVE PERSONAL OBLIGATION = Obligation to do, to give.
- NEGATIVE PERSONAL OBLIGATION = Obligation not to do or not to give.
ART. 1157
Obligations arises from;
- LAW
- CONTRACTS
- QUASI-CONTRACTS
- ACTS OR OMMISSIONS PUNISHED BY LAW
- QUASI-DELICTS
LAW - enforced by the law itself
CONTRACTS – arises from the stipulation of the parties
QUASI-CONTRACTS – when both parties didn’t intent to enter a contract
ACTS OR OMISSION PUNISHED BY LAW – when they arise from civil liability which is the consequence of a
criminal offense
QUASI-DELICTS – when they arise from the negligence of another party but there is no contractual relation exists
between the parties.
SOURCES OF OBLIGATIONS
1. Those emanating from law
2. Those emanating from private acts which may be further subdivided into:
a. Those arising from licit acts, in the case of contracts and quasi-contracts
b. Those arising from illicit acts, which may be either punishable in the case of delicts or torts
NOTE: Actually, there are only two (2) sources of obligations: LAW and CONTRACTS, because obligations
arising from quasi-contracts, delicts, and quasi-delicts are really imposed by law.