foreign [Music] hi i am attorney marty chris baton lasko this is my virtual classroom welcome to my youtube channel in this channel we shall aim to simplify the law we shall explain concepts and principles of law in under 10 minutes in this video let us talk about obligations when you look at your civil code that's article 1156 and it defines what an obligation is it says an obligation is a juridical necessity to give to do or not to do for us to understand what that actually means we have to break that definition into several parts and what are these parts we break them down into their essential or its essential elements or requisites what are the essential requisites then of an obligation the first requisite is your juridical or legal time the second requisite or element is your active subject the third is your passive subject and lastly the fourth element or requisite of an obligation is your prestation your juridical or legal tie is the tie which binds the parties to an obligation this can actually refer to your sources of obligations what would bind the parties to the obligation it could be your law your contract or contracts your quasi contracts your delicts or crimes or your quasi delix that is your juridical or legal tie now what is your active subject your active subject actually refers to the party who can demand from the other party the fulfillment of the obligation while your passive subject is actually the party who should perform the obligation now how about the fourth requisite this refers to your prestation when you talk about the perspective it's actually the giving of something the doing of something or not doing something which leads us back to article 1156 which says an obligation is a juridical necessity to give to do or not to do so the giving the doing something or the not doing something actually refers to your presentation now let me give you an example to better understand the essential elements or the essential requisites so let's take for example alan allen promises ben that he will give ben a particular parcel of land okay so your alan here is promising to give a particular parcel of land to ben what is the juridical or legal tie here the juridical or legal tie that which binds the parties to the obligation is the promise of alan that is the source of the tie or that is the legal tie that is that which binds the parties to the obligation now who is the active subject and who is the passive subject the active subject here is ben why men because ben is the one who can demand from alan the fulfillment of his promise that which is the giving of the particular parcel of land who then is the passive subject the passive subject therefore is alan because he is the one who is to fulfill the obligation what is the prestition it is the giving of that particular parcel of land now you may hear terms such as cause of action or subject matter of the controversy is cause of action the same as an obligation or is a subject matter the same as an obligation the answer is no again when we talk about an obligation it's the juridical necessity to give to do or not to do and we have already broken down the elements of such when we talk about a subject matter the subject matter refers to the item with respect to the controversy meaning the source this is the item that is the source of the controversy while a cause of action refers to the act or omission that is in violation to the legal right of another let me give you an example to better illustrate the distinctions between the distinction rather between the three terms let's say for example there is a contract of sale where a has promised to sell a particular car to b for 800 000 pesos on august 30 2021 the contract here is the subject matter if for example a will will violate his contract and will not push through with selling that particular car to be on august 30 2021 then that is the act or omission of a that has violated the right of b in that contract that means that is your cost of action the breach of contract by a what is the obligation the obligation now here is is obligation to sell to b and b's obligation to buy from a that is the distinction between your obligation your subject matter and your cost of action that ends are very short and simple discussion on the concept of obligations if you have learned anything from this video please feel free to click like and subscribe if there is any other principle or concept of law which you would want me to discuss in this channel please put them in the comments section below thank you for watching see you next time in mbl classroom [Music] you