1.

DEFINITION OF OBLIGATION:

ART.1156: an obligation is a juridical necessity

to give, to do, or not to do.

Criticism of Obligation:
The definition laid down in Artivle 1156
stresses the merely the duty of the debtor or
the passive element of an obligation without
emphasizing the right on the part of the
creditor.

JBL Reyes Definition of obligation:

“an obligation is a juridical relation
whereby a person (called the creditor) may
demand from another (called the debtor) the
observance of a determinative conduct (the
giving, doing or not doing), and in case of
breach may demand satisfaction from the
assets of the latter”

Basic Concepts:

Active Subject - the possessor of a right (oblige

or creditor)

Passive Subject – he who has the duty of

giving, doing or not doing (obligor or debtor)

Prestation – the subject matter of the obligation

Efficient cause – the reason why the obligation

exists (vinculum juris or juridical tie)

Juridical Necessity – in case of non-compliance

of the obligation, legal sanctions may be
sought.

2.THE DIFFERENT KINDS OF OBLIGATIONS

Civil Obligation – defined in Article 1156 the

sanction is Judicial Process
Example: B promises to pay C his debt
of 500,000

Natural Obligation – the duty to recover what

has voluntarily what has been paid although
payment was no longer required.
Example : A owes