Obligation
compensation- 285 oblicon
Requisites/Rules
Obligation – 19 Oblicon
Delay- 50 Oblicon
Fortuitous Event- 69 Oblicon
Constructive fulfillment of suspensive
condition- 99 Oblicon
Liability in case of fortuitous event- 70 Oblicon
Article 1189- 105 Oblicon
Basis of Indemnity- 143 Oblicon
Loss before creditor has made choice- 145
Oblicon
In case of loss/deterioration/improvement of a
thing during pendency of suspensive condition-
106 Oblicon
Solidary Obligation- 154 Oblicon
In case thing has been lost/prestation
impossible- 174 Oblicon
Article 1234- 205 Oblicon
Article 1235- 206 Oblicon
Medium quality- 221 oblicon
Where obligation shall be paid- 228 oblicon
Application of payments- 230 Oblicon, 231
oblicon
Payment in cession- 235 oblicon
Valid consignation- 238 oblicon
Valid tender of Payment- 239 Oblicon
Condonation/remission- 257 oblicon
Confusion- 264 oblicon
Legal compensation- 271 oblicon
Application of payments apply to order of
Novation- 291 Oblicon
Forms/Kinds/Sources/characteristics/Scope
Obligation according to subject matter- 21
Oblicon
Sources of Obligation- 22 Oblicon
Contractual Obligations- 25 Oblicon
Quasi contracts- 27 Oblicon
Scope of Civil Liability- 29 Oblicon
Quasi-Delicts- 30 Oblicon
Fruits- 38 Oblicon
Delay- 50 Oblicon
Grounds for liablity- 56 Oblicon
Negligence- 62 Oblicon
Diligence- 67 Oblicon
Fortuitous Events- 69 Oblicon
Presumption- 74 Oblicon
Characteristics of Condition- 84 Oblicon
Principal kinds of condition- 84 Oblicon
Classification of Condition- 89 Oblicon
Impossible Conditions- 95 Oblicon
Loss- 106 Oblicon
Obligation according to the person obliged-
111 Oblicon
Period- 122 Oblicon
Obligation according to Object- 136 Oblicon
Obligation according to number of parties- 151
Oblicon
Solidarity- 155 Oblicon
Solidary Obligation according to legal tie- 162
Oblicon
Division- 182 Oblicon
Indivisibility- 183 Oblicon
Penal Clause- 191 Oblicon
Special forms of payment- 220 Oblicon
Impossibility- 251 oblicon
Remission- 258 oblicon
Compensation- 270 Oblicon
Novation- 290 oblicon
Personal Novation-293 oblicon
Substitution- 293 oblicon
Subrogation- 300 oblicon
Distinguish
Obligation, Right and Wrong – 20 Oblicon
Crime from Quasi-delict- 31 Oblicon
Specific thing from generic thing- 35 Oblicon
Personal from real right- 41 Oblicon
Incidental from Causal Fraud- 57 Oblicon
Fraud from Negligence- 59 Oblicon
Fortuitous Event from Force Majeure- 68
Oblicon
Suspensive from resolutory conditions- 85
Oblicon
Period from Condition- 122 Oblicon
Alternative from Facultative Obligations- 148
Oblicon
Indivisibility from solidarity- 161 Oblicon
Subrogation from reimbursement- 210 Oblicon
Dation in payment from cession- 236 oblicon
Compensation from Confusion- 270 oblicon
Duties/Remedies/Rights
Duties in obligation to give a determinate
thing- 36 Oblicon
Duties in obligation to give an indeterminate
thing- 38 Oblicon
When obligation to deliver fruits arises- 39
Oblicon
Right of Creditors to the Fruits- 39 Oblicon
Remedies: Creditor Real Obligation- 42 Oblicon
Rights of creditor to accessions & accessories-
45 Oblicon
Remedies:Creditor NegativeObligation-46
Oblicon
Remedies: Creditor negative Obligation-46
Oblicon
Responsibility arising from negligence
demandable- 61 Oblicon
Available for creditors for the satisfaction of
their claims-76 Oblicon
Pending fulfillment of suspensive condition-
104 Oblicon
Reciprocal Obligations- 113 Oblicon
Right of Choice given to debtor- 137 Oblicon
Right of Choice debtor not absolute- 138
Oblicon
Right: Creditor to proceed against any solidary
debtor- 168 Oblicon
Recovery allowed in case of substantial
performance in good faith- 205 Oblicon
Rights: third person to subrogation- 209
Oblicon
Rights: creditor to proceed against third Payment to an incapacitated person- 215
persons- 254 oblicon Oblicon

Right of new debtor who pays- 294 oblicon Payment by cession- 236 oblicon

Withdrawal with authority of creditor- 243

oblicon
Effects/Limitations/Exceptions
Loss of a generic thing- 248 oblicon
Delay- 52 Oblicon
Partial loss of a specific thing- 249 oblicon
Negligence- 63 Oblicon
Impossibility of performance- 251 oblicon
Happening of condition -89 Oblicon
Difficulty of performance- 253 oblicon
Impossible Condition- 95 Oblicon
Fortuitous event where obligation proceeds
Fulfillment of resolutory condition- 109
from a criminal offense- 254 oblicon
Oblicon
Inofficious remission- 258 oblicon
Limitations on Right to demand rescission- 115
oblicon Renunciation of the principal debt of the
accessory obligation- 261 oblicon
Excemptions to general rule- 126 Oblicon
Merger in the person of principal
Exception to the general rule- 129 Oblicon
debtor/creditor- 265 oblicon
Suspensive period/condition depends upon
Merger in the person of guarantor- 266 oblicon
will of debtor- 130 Oblicon
New debtor’s insolvency/non-fulfillment of the
Only One prestation is practicable- 140 Oblicon
obligation in expromision- 295 oblicon
Loss of objects of obligation- 142 Oblicon
New debtor’s insolvency/non-fulfillment of the
Loss- 147 Oblicon obligation in delegacion- 296 oblicon

Novation etc. where obligation joint- 167 Novation on accessory obligations-297 oblicon
Oblicon
Where new obligation void- 297 oblicon
Payment by a solidary Debtor- 169 Oblicon
Where new obligation voidable- 298 oblicon
Payment after obligation has
Where old obligation void/voidable- 298
prescribed/became illegal- 170 oblicon
oblicon
Remission of share after payment- 172 oblicon
Legal subrogation – 303 oblicon
Non-compliance by a debtor in a joint
Partial subrogation- 303 oblicon
indivisible obligation- 184 Oblicon

Nullity of Penal clause- 199 Oblicon

Need to note
Nullity of the principal obligation- 199 Oblicon
Demand not necessary to put debtor in delay-
Payment by a third person- 208 Oblicon, 215
53 Oblicon
Oblicon
No delay in negative personal obligation- 50
Oblicon
Waiver of action for future fraud void- 60
Oblicon
Waiver of action for past fraud valid- 60
Oblicon
When Presumptions do not apply- 75 Oblicon
Transmissibility of rights- 78 Oblicon
When Obligation is demandable at once- 85
Oblicon
When duration of period depends upon the
will of debtor- 87 Oblicon
Retroactive effect of fulfillment of suspensive
condition -101 Oblicon
Retroactive effect as to fruits and interests in
obligations to give- 103 Oblicon
Remedies are alternative- 114 Oblicon
When both parties are guilty of Breach- 117
Oblicon
Payment before arrival of period- 124 Oblicon
No Recovery in personal Obligation- 125
Oblicon
Court generally without power to fix a period-
128 Oblicon
When obligations can be demanded before
lapse of period- 131 Oblicon
Collective Obligation presumed to be joint- 152
Oblicon
Payment to any of the solidary creditors- 165
Oblicon
Liability of solidary creditor in case of
novation/compensation/confusion/remission-
166 Oblicon
Defenses available to a solidary debtor- 176
Oblicon
When benefit to creditor need not to be
proved by debtor- 216 Oblicon
Presumption in case of voluntary delivery of
document of indebtedness by creditor- 259
oblicon
Presumption in case thing pledged found in
possession of debtor- 262 oblicon
Instances when legal compensation is not
allowed by law- 282 oblicon
Consent of parties not required in legal
compensation- 286 oblicon
Presumption where original obligation subject
to a condition- 299 oblicon
Cases of legal subrogation- 301oblicon
Terms
Obligation- derived from the latin word
obligation (tying/binding)-Juridical necessity to
give, to do, or not to do- 17 Oblicon
Juridical Necessity- courts of justice may be
called upon by the aggrieved party to enforce
its fulfilment. 18 Oblicon
Civil Obligations- give to the creditor/oblige a
right under the law to enforce their
performance in courts of justice- 18 Oblicon
Natural Obligations- Not being based on
positive law but on equity and natural law- 18
oblicon
Passive Subject- he who has a duty.
(Debtor/obligor)- 19 Oblicon
Active Subject- he who has a right
(creditor/obligee) -19 Oblicon
Object/Prestation- Conduct required to be
observed by the debtor (subject matter of the
obligation). - 19 Oblicon
Juridical/Legal Tie- (efficient cause) binds or Fraud (dolo) – deliberate/intentional evasion of
connects the parties to the obligation-19 the normal fulfillment of an obligation- 57
Oblicon Oblicon

Form of an Obligation- manner in which an Negligence (fault/culpa) - voluntary

obligation is manifested or incurred-oral/writing act/omission, there being no bad faith/malice,
or partly both- 19 Oblicon which prevents the normal fulfillment of an
obligation- 58 oblicon, 65 Oblicon
Legal Obligations- Obligations arising from law
are not presumed because they are considered Damages- signify the money compensation
a burden upon the obligor- 24 Oblicon awarded to a party for loss/injury resulting from
breach of contract/obligation by the other- 66
Contractual Obligations- obligations arising
Oblicon
from contracts/voluntary agreements- 25
Oblicon Fortuitous Event- any even which cannot be
unforeseen/foreseen is inevitable. Either
Contract- Meeting of minds between two
impossible to foresee or impossible to avoid- 68
persons- 25 Oblicon
Oblicon
Compliance in Good faith-
Presumption- inference of a fact not actually
compliance/performance in accordance with
known arising from its usual connection with
the stipulations/terms of the
another which is known/proved- 73 Oblicon
contract/agreement- 26 Oblicon
Pure Obligation- not subject to any condition
Generic/Indeterminate Thing- refers only to a
and no specific date is mentioned for its
class/genus. Cannot be pointed out particularly-
fulfillment and is, therefore, immediately
35 Oblicon
demandable- 83 Oblicon
Determinate Thing- identified by its
Conditional Obligation- consequences are
individuality- 35 Oblicon
subject in one way/another to the fulfillement
Diligence of a Good Father of a family- of a condition- 84 oblicon
diligence which an average (reasonably
Condition- future and uncertain event- 84
prudent) person excercises over his own
Oblicon
property-36 Oblicon
Period- future and certain event- 87 Oblicon,
Personal Right- right/power of a person to
121 Oblicon
demand from another- 41 oblicon
Potestative Condition- suspensive in nature
Real Right- right/interest of a person over a
and which depends upon the sole will of one of
specific thing-41 oblicon
the contracting parties- 91 Oblicon
Accessions- fruits of a thing or additions
Casual Condition- suspensive condition
to/improvements upon a thing- 45 Oblicon
depends upon chance/upon the will of a third
Accessories- things joined to/included with the person, obligation subject to it is valid- 93
principal thing for the latter’s embellishment, Oblicon
better use, or completion- 45 Oblicon

Delay (mora) - 50 Oblicon

Mixed Condition- valid if suspensive condition
depends partly upon chance and partly upon
the will of a third person- 93 Oblicon
Positive Condition- 97 Oblicon
Positive Condition- 98 Oblicon
Obligation with a period- effects/
consequences are subjected in one way/
another to the expiration/arrival of said
period/term- 121 Oblicon
Legal periods- year shall be understood to be
12 calendar months. Months of thirty days,
unless it refers to a specific calendar month,
day to a day of twenty four hours, night from
sunset to sunrise- 128 Oblicon
Alternative Obligation - various prestations are
due but the performance of one of them is
sufficient as determined by the choice which, as
a general rule, belongs to the debtor- 137
Oblicon
Effect of Notice- until choice is made and
communicated, obligation remains alternative-
139 Oblicon
Facultative Obligation- only one prestation has
been agreed upon but the obligor may render
another in substitution- 146 Oblicon
Joint Obligation- whole obligation is to be
paid/fulfilled or demanded proportionately- 152
Oblicon
Solidary Obligation- each debtor is bound to
render or each creditor has a right to demand
from any of the debtors, entire compliance with
the presentation- 152 Oblicon
Joint-indivisible Obligation- constitutes them
idle ground between a joint and solidary
obligation- 160 Oblicon
Divisible Obligation- one of the object is
capable of partial fulfillment- 180 Oblicon
Indivisible Obligation- not capable of partial
fulfilment- 180 Oblicon
Principal Obligation- can stand by itself and
does not depend for its validity and existence
upon another obligation- 190 Oblicon
Accessory Obligation- attached to a principal
obligation and therefore, cannot stand alone-
190 oblicon
Obligation with Penal clause- contains an
accessory undertaking to pay a previously
stipulated indemnity in case of breach of the
principal prestation, intended primarily to
induce its fulfillment- 190 Oblicon
Penal Clause- accessory undertaking attached
to an obligation to assume greater liability in
case of breach- 191 oblicon
Payment- ordinary parlance: only to delivery of
money. As legal mode: not only delivery of
money but also giving of a thing, the doing of an
act or not doing of an act- 203 oblicon
Debt- obligation to deliver money, to deliver a
thing, to do an act, to not do an act- 203 oblicon
Free disposal of a thing due- thing to be
delivered must not be subject to any
claim/lien/encumbrance- 212 Oblicon
Capacity to alienate- person is not
incapacitated to enter into contracts and for
that matter, to make a disposition of the thing
due- 212 oblicon
Dation in payment ( dacion en pago)-
conveyance of ownership of a thing as an
accepted equivalent of performance- 220
oblicon
Judicial costs- statutory amounts allowed to a
party to an action for his expenses incurred in
the action. – 222 oblicon
Legal Tender- currency which if offered by the
debtor in the right amount, creditor must
accept in payment of a debt in money- 225 existence is unknown/cannot be recovered. –
oblicon 247 oblicon

Inflation- sharp sudden increase of Condonation/remission- gratuitous

money/credit/both without a corresponding abandonment by the creditor of his right
increase in business transactions- 227 oblicon against debtor. Form of donation- 257 oblicon

Deflation- reduction in volume and circulation Confusion/merger- meeting in one person of

of the available money/credit, resulting in a the qualities of both debtor and creditor with
decline of the general price level- 227 oblicon respect to the same obligation- 264 oblicon

Venue- place where a court suit/action must be Compensation- extinguishment to the

filed/instituted- 229 oblicon concurrent amount of the debts of two persons
who, in their own right, are debtors and
Domicile- place of a person’s habitual
creditors of each other- 269 oblicon
residence- 229 oblicon
Object of the compensation- prevention of
Residence- only an element of domicile.
unnecessary litigations and payments- 269
Requires bodily presence as an inhabitant in a
oblicon
given place-229 oblicon
Total Compensation- two debts are of the same
Application of payments- designation of the
amount. Compensation is total as regards to the
debt to which should be applied the payment
smaller debt, partial only with respect to the
made by a debtor who has various debts of the
larger debt- 276 oblicon
same kind in favor of one and the same
creditor- 230 oblicon Novation- total/partial extinction of an
obligation through the creation of a new one
which substitutes it- 289 oblicon
Payment by cession- assignment/abandonment
Subrogation- substitution of one
of all the properties of the debtor for the
person(subrogee) in the place of a
benefit of his creditors in order that the latter
creditor(subroger) with reference to a lawful
may sell the same and apply the proceeds
claim/right, giving the former all the rights of
thereof to the satisfaction of their credits- 235
the latter, including the right to employ all
oblicon
remedies to enforce payment
Tender of Payment- act. On part of the debtor,
of offering to the creditor the thing/amount
due. - 237 oblicon

Consignation-act of depositing the

thing/amount due with the proper court when
the creditor does not desire/cannot receive it,
after complying with the formalities required by
law.- 238 oblicon

Thing is lost- thing perishes/goes out of

commerce/ disappears in such a way that its