OBLIGATIONS

OBLIGATION
Is a juridical necessity to give, to do
or not to do. It comes from the Latin
word ‘’obligare’’ which means to
bind.
Nature Of Obligation Under Civil Code
• Civil Obligation
•- Legally demandable and the courts of
justice may compel their performance.

• Natural Obligation
Based on morality, natural law and conscience,
they are not legally demandable.
 Requisites Of Obligations

•Juridical or Legal tie

•Prestation
•Active Subject
•Passive Subject
 SOURCES OF OBLIGATION
•LAW
• - Imposed by the law itself.
• CONTRACTS
- the
meeting of minds between two persons whereby
one binds himself with respect to the other to give
something or to render service.
• QUASI-CONTRACTS
• The act of a person, permitted by the law, by which he
obligates himself towards another, or by which another
binds himself to him, without any agreement between
them.
• Acts or Omissions punished by law
• Refer to a crime or a penal offense like murder.
• Quasi-delicts
• A legal wrong committed through fault or negligence on
a person or property, independent of contracts
 DIFFERENT TYPES OF OBLIGATIONS
Pure and Conditional Obligation
Pure Obligation - one in which is not subject to
conditions nor does it mention a specific date for its
fulfillment.
Conditional Obligation – is one which is subject to
a condition.
 TWO KINDS OF CONDITION

1. Suspensive Condition

2. Resolutory Condition
 OBLIGATION WITH PERIOD
Those whose consequences are subjected in one way or
the other to the expiration of said term.
Kinds of Period
• Ex die
• In diem
• Legal period
• Voluntary period
• Judicial period
 ALTERNATIVE OBLIGATION
-Is one of wherein various things are due, but
the payment of them is sufficient determined
by the choice which as a general rule belongs
to the obligor.
 JOINT AND SOLIDARY OBLIGATIONS
• Joint Obligation – is one in which each of the debtors is
answerable only for a proportionate part of the debt and
each one of the creditors is entitled to a proportionate part
of the credit.
• Solidary Obligation – is one which each of the debtors is
liable for the whole obligations and each of the creditors
may demand compliance of the entire obligation.
 KINDS OF SOLIDARITY

•Active Solidarity
•Passive Solidarity
•Mixed Solidarity
 DIVISIBLE AND INDIVISIBLE OBLIGATIONS

• Divisible Obligation
– is one which is capable of partial performance.
• Indivisible Obligation
– is one which is not capable of partial
performance.
 THREE CLAUSES OF DIVISION

1. Qualitative
2. Quantitative
3. Ideal
 OBLIGATION WITH PENAL CLAUSE
An accessory undertaking to assume greater liability in
case of a breach.
Two Classification of Penal Clause
1. Subsidiary – when only penalty can be demanded.
2. Joint – when both the principal contract and the
penal clause can be enforced.
 EXTINGUISHMENT OF OBLIGATION
• By Payment or Performance
• By the loss of the thing due
• By the condonation or remission of the debt
Kinds of condonation or remission
-Complete
-Partial
-Express
-Implied
• By the confusion or merger of the rights of
creditor and debtor
• By compensation
Kinds of Compensation
1. Legal Compensation
2. Voluntary Compensation
3. Judicial Compensation
4. Partial Compensation
5. Total Compensation
•By novation

Kinds of Novation
• 1. Real Novation
• 2. Personal Novation
• 3. Mixed Novation