ART.

1156 A) POSITIVE PERSONAL

OBLIGATION – obligation to
Obligation – is derived from the
do or not to render service
latin word obligatio which means
B) NEGATIVE PERSONAL
tying or binding. It is a tie or bond
OBLIGATION – is obligation
recognized by law by virtue of
not to do (naturally includes
which one is bound in favor of
obligation not to give)
another to render something.
ART. 1157 OBLIGATION ARISE
Juridical Necessity – because in
FROM;
case of noncompliance, the court of
justice may be called upon by the • LAW- Obligations imposed by
agrrieved party. law are those expressly determined
by the code or special laws. They
REQUISITES OF OBLIGATION
do not require the consent of the
 A PASSIVE SUBJECT – obligor and are regulated by the
(called debtor or obligor) the provisions that establish them.
person who is bound to the
• CONTRACTS -Obligations
fulfillment of the obligation,
arising from contracts have the
he has a duty
force of law between the
contracting parties and must be
 AN ACTIVE SUBJECT –
complied with in good faith. They
(called creditor or oblige) the
are based on the meeting of minds
person who is entitled to
between two or more persons,
demand fulfillment of the
where one binds himself to give
obligation, he who has a right
something or render a service to
 OBJECT OR PRESENTATION
another.
– (subject matter of the
obligation) conduct required • QUASI-CONTRACT - These are
to be observed by the debtor. juridical relations that arise from
May consist in giving doing or lawful, voluntary, and unilateral
not doing acts that create an obligation to
 A JURIDICAL OR LEGAL TIE prevent unjust enrichment.
– (also called efficient cause) Examples include solutio indebiti
that which binds or connects (payment by mistake) and
the parties to the obligation negotiorum gestio (management of
another's property without his
KINDS OF OBLIGATION
consent).
ACCORDING TO SUBJECT
MATTER  CRIMES OR ACTS OR
OMMISION PUNNISHED BY
 REAL OBLIGATION –
LAW -Obligations arising
(obligation to give) is that in
from criminal offenses
which the subject matter is a
involve the duty of the
thing which the obligor must
offender to make restitution
deliver to the oblige
for the damage caused by his
crime
 QUASI-DELICTS OR TORTS
 PERSONAL OBLIGATION –
-These are acts or omissions
(obligation to do or not to do) is that cause damage to
that in which the subject matter is another, without any pre-
an act to be done or not to be done existing contractual relation,
and without fault or
KINDS OF PERSONAL
negligence. Examples include
OBLIGATION
 causing injury through A thing refers only to a class or
negligence or recklessness genus to which pertains a cannot
be pointed out with particularly
CONTRACTUAL OBLIGATION
EXP. Police dog, a cavan of rice
 BINDING FORCE –
obligation arising from DUTIES OF DEBTOR IN
contracts have the force of OBLIGATION TO GIVE A
law between the contracting DETERMINATE THING
parties
 PRESERVE OR TAKE CARE
 REQUIREMENT OF VALID
OF THE THING – obligation
CONTRACT – a contract is
to give (real obligation) the
valid (assuming all the
obligor has the incidental
essential elements are
duty to take care of the thing
present) if it not contrary to
due with the DILIGENCE OF A
law, morals, good customs,
GOOD FATHER OF A FAMILY
public order, and public
pending delivery
policy
A) DILIGENCE OF A GOOD
 BRENCH OF CONTRACT – a
FATHER OF A FAMILY –
contract may be breached or
the phare has been
violated by a party in whole
equated with ordinary
or part. A breach of contract
care or that diligence
takes place when a party
which an average person
failed or refuses to comply
exercise over his own
without legal reason or
property
justification
B) ANOTHER STANDARD
 COMPLIANCE OF GOOD
OF CARE - if the law
FAITH –
stipulation of the parties
Principle in contract law that
provides for another
ensures the parties trust and
standard of care
confidence in each other
C) FACTORS TO BE
commitment to fulfill their
CONSIDERED – the
obligation
diligence required
ART.1163 – (NATURE AND necessarily depends upon
EFFECT OF OBLIGATION) – every the nature of the
person obligated to give something obligation
is also obligated to take care of it D) REASON FOR DEBTOR’S
with the proper diligence of a good OBLIGATION - debtor
father of a family, unless the law or must exercise diligence to
the stipulation of the parties insure that that the thing
requires another standard care to be delivered would
subsist to the same
SPECIFIC OR DETERMINATE
condition as it was when
THING –
the obligation was
A thing said to be specific or contracted
determinate particularly ART. 1164 DELIVER THE
designated or physically FRUIT OF THE THING –
segregated from other of the same creditor has the right to the
class fruit of the thing from the
time the obligation to deliver
EXP. Dog name princess, this cavan
it arises
of rice
DIFFERENT KINDS OF
GENERIC OR INDETERMINATE FRUIT
THING –
 A) NATURAL FRUIT- are the contravene the tenor thereof, are
spontaneous product of liable for damages
the soil, and the young
GROUNDS FOR LIABILITY
and other products of
animals (without the 1. FRAUD (DECIT OR DOLO) –
intervention of human a ground for damages, it
labor) implies some kind of malice
B) INDUSTRIAL FRUITS – or dishonesty and cannot
produced by lands of any cover cases mere mistakes
kind through cultivation or errors of judgement made in
labor (any kinds through good faith
cultivation or human 2. NEGLIGENCE (FAULT OR
labor) CULPA) – it is any voluntary
C) CIVIL FRUIT – are those act or omission, there being
derived by virtue of a no bad faith or malice, which
juridical relation (rents of prevent the normal
building, price of leases fulfillment of obligation
land, property amount) 3. DELAY (MORA) – under the
ART. 1166 DELIVER THE delays
ACCESSION AND 4. CONTRAVERTION OF THE
ACCEROSRY -the obligation TERMS OF OBLIGATION –
to give determinate thing violation on the terms and
includes that the delivering condition stipulated in the
all its accessions and obligation without justifiable
accessories excuse or reason
A) ACCESSIONS – are fruit
KINDS OF NEGLIGENCE (ART.
or thing of a thing or
1172)
addition to or
improvement upon a 1. CONTRACTUAL
thing NEGLIGENCE – negligence in
B) ACCESSORIES – thing contract resulting in their
joined to or included with breach
the principal thing 2. CIVIL NEGLIGENCE - which
by itself is the source of an
KINDS OF DELAY
obligation between the
 MORA SOLVENDI – or the parties not so related before
delay on the part of the by any pre-existing contract
debtor to fulfill his obligation 3. CRIMINAL NEGLIGENCE –
(to give or to do) negligence resulting in the
 MORA ACCIPIENDI – or the commission of a crime
delay on the part of the MEANING OF DAMAGES
creditor to accept the (ART.1173) – signify the
performance of the obligation money compensation
 COMPENTIO MORAE – or awarded to a party for a loss
the delay of the obligation in or injury resulting from
reciprocal obligation (like breach of contact
sale) the delay of obligor DILIGENCE (ART.1173) - is
cancel the delay of obligee the attention and care
required of a person in given
ART. 1170 FRAUD, NEGLIGENCE
situation
OR DELAY – those who in the
FORTUITOUES EVENT
performance of their obligation are
(ART.1174) – is any event
guilty of fraud, negligence, or delay
which cannot be foreseen or
those who are in any manner
 which either impossible to acquisition or extinguishment of
foresee or impossible to a an obligation
avoid
TWO PRINCIPAL KINDS OF
FORTUITOUS EVENT
CONDITION
DISTUINGUISHED FROM
FORCE MAJEURE 1. SUSPENSIVE CONDITION
1. ACTS OF MAN – event is 2. RESOLUTORY CONDITION
an independent event of
CLASSIFICATION OF
the will of the obligor but
CONDITIONS
not the other human will
2. ACTS OF GOD – refer to 1. AS TO EFFECT
what is called majeure or A) SUSPENSIVE – the
those events which are happening of which gives
totally independent the rise to the obligation
will of very human being B) RESOLUTORY - the
happening of which
KINDS OF FURTUITOUS
extinguishes the
EVENT
obligation
 ORDINARY EVENT – 2. AS TO FORM
common events and which A) EXPRESS - the condition
the contracting parties can is clearly stated
foresee (rain) B) IMPLIED – the condition is
 EXTRA-ORDINARY EVENT - merely inferred
cannot foresee the events 3. AS TO POSSIBILITY
(earthquake, fire, war) A) POSSIBLE – the condition
is capable of fulfillment,
PRESUMTION (ART.1176) – is
legally and physically
meant to inference of fact not
B) IMPOSIBLLE – the
actually known arising from
condition is not capable of
usual connection with another
legally fulfillment, legally
which is known and proven
and physically
SECTION 1 PURE AND 4. AS TO CAUSE OR ORIGIN
CONDITIONAL OBLIGATIONS A) POTESTATIVE – the
condition depends upon
ART. 1179 - obligation whose
the will of one of
performance does not depends
contrating parties
upon a future or uncertain
B) CASUAL – the condition
event, upon past unknown to
depends upon chance or
the to the parties
upon the will of the third
PURE OBLIGATION – is one person
which is not subject to any C) MIXED – condition
condition and no specific date depends partly upon
mentioned for its fulfillment and chance and partly upon
is therefore, immediately the third person
demandable 5. AS TO MODE
A) POSITIVE – the condition
CONDITIONAL OBLIGATION –
consists in the
is one whose consequence are
performance of an act
subject in one way or another to
B) NEGATIVE – consists in
the fulfillment of a condition
the omission of an act
CONDITION - is a future and 6. AS TO NUMBERS
uncertain event, upon the
happening of which, the
 A) CONJUCTIVE – there are
several conditions and all
must be fulfilled
B) DISJUNTIVE – these are
several conditions and
only one or some of them
must be fulfilled
7. AS TO DIVISIBILITY
A) DIVISIBLE – the condition
is susceptible of partial
performance
B) INDIVISILBE – the
condition is not
susceptible of partial
performance

KINDS OF LOSS
(ART.1189)

1. PHYCICAL LOSS – when

a thing perishes as when a
house is burned and
reduced to ashes
2. LEGAL LOSS – when a
thing goes out of
commerce or when a thing
heretofore legal become
illegal
3. CIVIL LOSS – when a
thing disappears in such
way that its existence is
unknown (dog has been
missing)