Lecture Notes: Law on Obligations and Contracts

Introduction

• Importance of understanding obligations and contracts in daily life.
• The focus of the lecture: Obligations.

Governing Law

• Republic Act No. 386, or the Civil Code of the Philippines governs obligations and contracts, specifically from Article 1156 to Article 1422.

Article 1156

• Defines an obligation as "a juridical necessity to give, to do, or not to do."
• Juridical Necessity:
  • Implies a legal obligation or requirement.
  • Failure to fulfill results in legal consequences.

Types of Obligations

Based on Article 1156

1. Obligation to Give:

   • Delivering a thing to the creditor.
   • Types:
     • Determinate: Specifically designated or segregated items (e.g., a car with plate number ABC123).
     • Indeterminate: Generic items (e.g., a car, a dog).
   • Obligations of the Debtor:
     • Determinate: Deliver the specific item, care for it, deliver accessions/accessories, pay damages if breached.
     • Indeterminate: Deliver a non-specific item of average quality, pay damages if breached.

2. Obligation to Do:

   • Performing a specific act (e.g., fixing a car).

3. Obligation Not to Do:

   • Refraining from doing an act (e.g., not selling a car for a certain period).

Elements of an Obligation

1. Active Subject: Creditor entitled to demand fulfillment.
2. Passive Subject: Debtor who must fulfill the obligation.
3. Object or Prestation: Subject matter (e.g., building a house).
4. Juridical Tie: Legal bond connecting parties, also known as vinculum juris.

Examples

• Contract to build a house:
  • Active Subject: Ganda (creditor)
  • Passive Subject: Pogi (debtor)
  • Prestation: Building the house
  • Juridical Tie: Contract

Kinds of Obligations

From Viewpoint of Sanction

1. Civil Obligations: Legally enforceable obligations.
2. Natural Obligations: Not enforceable by court but can be voluntarily fulfilled (e.g., expired debts).
3. Moral Obligations: Based on conscience, not legally enforceable (e.g., attending mass).

From Viewpoint of Performance

1. Positive: To give or to do.
2. Negative: Not to do.

From Viewpoint of Subject Matter

1. Real Obligation: Obligation to give.
2. Personal Obligation: Obligation to do or not to do.

From Viewpoint of Person Obliged

1. Unilateral: Only one party is obliged.
2. Bilateral: Both parties have obligations (e.g., contract to build a house).

Conclusion

• Understanding different types of obligations is crucial for navigating legal requirements and consequences.
• Stay tuned for further detailed lectures on related topics.