Overview
This lecture introduces the concept of obligations under the Civil Code of the Philippines, detailing their definition, essential elements, nature, and distinction from related legal concepts.
Definition and Nature of Obligation
- An obligation is a juridical necessity to give, do, or not do something.
- The term obligation comes from the Latin "obligatio," meaning a legal bond binding one party to another.
- A juridical necessity means courts can enforce fulfillment or provide equivalent economic compensation if unfulfilled.
- Civil obligations are enforceable by law; natural obligations are based on equity and cannot be enforced by court action.
- Failure to comply with an obligation leads to legal consequences, such as damages.
Essential Elements of an Obligation
- There are four essential elements: passive subject (debtor), active subject (creditor), object or prestation, and juridical or legal tie.
- The passive subject is bound to fulfill the obligation; the active subject is entitled to demand fulfillment.
- The object or prestation is the specific act to give, do, or not do something.
- The juridical tie is the legal relationship or cause binding the parties, often originating from contracts or law.
Form of Obligation and Related Concepts
- Generally, the law does not require any specific form for obligations from contracts to be valid.
- Obligations from sources other than contracts typically have no form requirement.
- Obligation is the enforceable act; a right is a person’s power to demand a prestation.
- A wrong or cause of action is a violation of a legal right, resulting in injury or damage.
Cause of Action
- The elements of a cause of action include: a legal right, a corresponding obligation, and a violation causing injury.
- All elements must be present for a complaint to be valid; otherwise, it may be dismissed for lack of cause of action.
- A cause of action arises when a right is violated, and is distinct from the right of action which is procedural.
Key Terms & Definitions
- Obligation — A juridical necessity to give, do, or not do something.
- Civil obligation — Enforceable by courts under the law.
- Natural obligation — Based on natural law or equity, not enforceable by courts.
- Passive subject (debtor/obligor) — Person bound to the obligation.
- Active subject (creditor/obligee) — Person entitled to demand performance.
- Object/Prestation — Act to give, do, or not do.
- Juridical tie — The legal link creating the obligation.
- Right — Power to demand from another a certain act or prestation.
- Wrong/Cause of action — Violation of a right resulting in injury or damage.
Action Items / Next Steps
- Review and memorize the essential elements and definitions related to obligations.
- Read Articles 1156–1304 of the Civil Code for a deeper understanding.