obligation Flashcards
(12 cards)
An obligation is
a juridical necessity to give, to do or not to do.
GENERAL PROVISIONS ARTICLE 1156
The term obligation is derived from the Latin word
“obligatio”
defi nes the term as “a legal relation
established between one party and another, whereby the
latter is bound to the fulfi llment of a prestation which the
former may demand of him
) Manresa
e Civil Code defi nition of
obligation, in its passive aspect. Our law merely stresses
the duty of the debtor or obligor (he who has the duty of
giving, doing, or not doing) when it speaks of obligation as
a juridical necessity.
) Article 1156
Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon to
enforce its fulfi llment or, in default thereof, the economic
value that it represents. In a proper case,the debtor may
also be made liable for damages, which represent the sum
of money given as a compensation for the injury or harm
suffered by the creditor or obligee (he who has the right to
the performance of the obligation) for the violation of his
rights.
juridical necessity
the debtor must comply with his obligation
whether he likes it or not; otherwise, his failure will be
visited with some harmful or undesirable legal
consequences. If obligations were not made enforceable,
then people can disregard them with impunity. If an
obligation cannot be enforced, it may be only a natural
obligation.
juridical necessity.
Obligations which give to the creditor or obligee a right of
action in courts of justice to enforce their performance are
known as civil obligations. They are to be distinguished
from natural obligations which, not being based on
positive law but on equity and natural law, do not grant a
right of action to enforce their performance although in
case of voluntary fulfi llment by the debtor, the latter may
not recover what has been delivered or rendered by
reason thereof. (
Nature of obligations under the Civil Code.
(called debtor or obligor) or the
person who is bound to the fulfi llment of the obligation; he
who has a duty;
A passive subject
(called creditor or obligee) or the
person who is entitled to demand the fulfi llment of the
obligation; he who has a right;
active subject
n (subject matter of the obligation)
or the conduct required to be observed by the debtor. It
may consist in giving, doing, or not doing. (see Art. 1232.)
Without the prestation, there is nothing to perform. In
bilateral obligations (see Art. 1191.), the parties are
reciprocally debtors and creditors; and
Object or prestation
e (also called effi cient cause) or
that which binds or connects the parties to the obligation.
The tie in an obligation can easily be determined by
knowing the source of the obligation.
A juridical or legal tie
