Notes on Obligations

Definition of an Obligation

• Defined under Article 1156 as a judicial necessity to give, do, or not do.
• If a debtor fails to perform, the creditor has legal remedies.

Types of Obligations

1. Civil Obligations
   • Enforceable by law; creditors can seek performance in court.
2. Natural Obligations
   • Based on voluntariness; cannot be enforced in court.
   • If a debtor voluntarily performs, they cannot recover what was paid.
   • Example: Debt after a 10-year expiry becomes a natural obligation if voluntarily paid.

Essential Elements of Obligations

• Four essential requisites:
  1. Positive Subject (Debtor/Obligor)
  2. Active Subject (Creditor/Obligee)
  3. Object/Prestation (Subject Matter)
  4. Juridical Tie (Legal Source of Obligation)

Distinction Between Obligation, Right, and Wrong

• Obligation: Act or performance enforceable by law.
• Right: Power to demand performance from another party.
• Wrong: Act or omission violating another's legal rights.

Kinds of Obligations

1. Real Obligations
   • Obligation to give a thing.
   • Generic Real Obligation: Indeterminate object (e.g., "car").
   • Specific Real Obligation: Determinate object (e.g., "Toyota Fortuner with plate number AAA1434").
2. Personal Obligations
   • Obligation to do or not do something.
   • Positive Personal Obligation: To do something (e.g., completing a service).
   • Negative Personal Obligation: Not to do something (e.g., non-disclosure agreements).

Sources of Obligations (Article 1157)

1. Law
2. Contracts
3. Quasi-Contracts
4. Acts or Omissions Punished by Law (Crimes)
5. Quasi-Delicts

Obligations Arising from Law

• Example: Obligation to pay taxes.
• Must be clear that a person is subject to a legal obligation.

Obligations Arising from Contracts

• Defined by a meeting of minds; have the force of law between parties.
• Parties' agreements prevail unless contrary to law.

Quasi-Contracts

• Negotiorum Gestio: Managing another's property without consent.
• Solution in Debitum: Obligation to return mistakenly received goods.

Obligations Arising from Crimes (Article 1161)

• Criminally liable individuals are also civilly liable for damages.

Quasi-Delicts (Article 1162)

• Involves negligence, not intention.
• Liability arises from damages caused due to negligence.

Distinction Between Crime and Quasi-Delict

• Crime: Involves malice or intent; punished criminally.

• Quasi-Delict: No malice; only negligence leads to civil liability.

• Parties cannot file both a criminal case and a civil case for the same incident.

• The choice of one remedy excludes the other.