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Understanding Obligations in Law

Aug 22, 2024

Notes on Obligations by Attorney Marty Chris Baton Lasko

Introduction

  • Attorney Marty Chris Baton Lasko presents a virtual classroom via YouTube.
  • Purpose: Simplify legal concepts in under 10 minutes.

Definition of Obligation

  • Defined in Civil Code, Article 1156:
    • "An obligation is a juridical necessity to give, to do, or not to do."

Essential Elements of an Obligation

  1. Juridical or Legal Tie

    • The connection binding parties to an obligation.
    • Sources of obligations can include:
      • Law
      • Contracts
      • Quasi contracts
      • Delicts (crimes)
      • Quasi delicts
  2. Active Subject

    • The party who can demand fulfillment of the obligation.
  3. Passive Subject

    • The party who must perform the obligation.
  4. Prestation

    • The action of giving, doing, or refraining from doing something that forms the obligation.

Example to Illustrate Elements

  • Example: Alan promises to give Ben a parcel of land.
    • Juridical Tie: Alan's promise.
    • Active Subject: Ben (can demand fulfillment).
    • Passive Subject: Alan (must fulfill the promise).
    • Prestation: The act of giving the parcel of land.

Distinctions Between Key Terms

  • Obligation: Juridical necessity to give, do, or not do.
  • Subject Matter: The item involved in the controversy.
  • Cause of Action: The act or omission violating another's legal rights.

Example to Illustrate Distinctions

  • Scenario: Contract of sale between A and B for a car at 800,000 pesos.
    • Subject Matter: The car.
    • Cause of Action: A's failure to sell the car on agreed date (breach of contract).
    • Obligation: A's obligation to sell the car and B's obligation to buy it.

Conclusion

  • Short discussion on the concept of obligations.
  • Invitation to like, subscribe, and suggest topics for future discussions in comments.

  • Thank you for watching, and see you next time in MBL Classroom!