1.

Elements of an obligation
a. Active subject the one who has the right to demand the prestation
b. Passive subject the one who is bound to fulfill the prestation of the
obligation
c. Object/Prestation subject matter of the obligation which consist of the
giving doing or not doing of something
d. Efficient cause source of the obligation which binds the parties

2. Law contracts quasi contract act or omissions punishable by law quasi delicts

3. Obligation juridical necessity to give to do or not to do

Quasi Contract a juridical relationship resulting from a lawful voluntary and
unilateral act which has for its purpose the payment of indemnity to an end that
no shall be unjustly enriched or benefited at the expense of another
Quasi Delict is a fault or act of negligence which causes damage to another there
being no preexisting contractual relation between the parties
Fraud consist of the conscious and intentional proposition to evade the normal
fulfillment of the obligation
Negligence is the omission of diligence required by the nature of the obligation
which causes damage to another.

4. It can be determined if an obligation arises from the law if it is clearly express or

implied set forth in the law. Example is the duty to pay taxes and duty of the
spouses to support each other.

5. When the obligor is guilty of fraud negligence, default, or in the contravention of

the tenor of the obligation

6. When the creditor judicially or extra judicially demands for the fulfillment of the
obligation the debtor would be in default

7. Fortuitous event is an event which could be foreseen or if foreseen is inevitable

8. Suspensive condition, the fulfillment of the condition gives rise to the

effectiveness of the obligation meanwhile a resolutory condition the fulfilment of
which extinguished the obligation

9. If a thing is lost without the fault of the debtor the obligation will be extinguished
If the thing is lost through the fault of the debtor he shall be liable for damage
If the thing deteriorates without the fault of the debtor the impairment shall be
borne by the creditor
 If the thing deteriorates through the fault of the debtor, the creditor may choose
between the recission of the obligation and its fulfillment with indemnity in either
case
If the thing is improve by its nature or by time the improvement shall inure to the
benefit of the creditor
If the thing is improve at the expense of the debtor he shall have no other right
than that granted to the usufructuary

10. Reciprocal obligation is that obligation which is created or established at the

same time, out of the same cause which results to a mutual relationship of
creditor and debtor between the contracting parties

11. Term of a period is the lapse of time which determines the effectiveness or
extinguishment of an obligation

12. The debtor shall lose the right to make use of the period
When after the obligation has been contracted he becomes insolvent unless he
gives a guaranty or security
When he does not furnish to the creditor the guaranties or securities which he
has promised
When by his own acts he has impaired the said guaranties or securities after
their establishment and when through a fortuitous event they disappear unless
he gives new ones equally satisfactory
When the debtor violates any undertaking in consideration of which the creditor
agreed upon the period
When the debtor attempts to abscond

13. In an alternative obligation there are several prestation which are but the delivery
or performance of one is sufficient enough to fulfill the obligation meanwhile an
facultative obligation there is one prestation agreed upon but the debtor may
render another as substitute

14. The general rule where two or more creditor or two or more debtor concur in the
same obligation, the obligation is presumed to be joint unless the obligation, the
law, and the nature of the obligation requires for solidarity

15. Defenses available to the solidary debtor

Defenses derived from the nature of the obligation
Defenses personal to him
Defenses personal to others

16. An obligation with a penal clause is an obligation with an accessory undertaking

that assumes greater liability in case of breach of obligation
 17. Funcion coercitiva o de garantia to ensure the performance of the obligation
Funcion liquidatoria to liquidate amount of damages to injured
party
Funcion estrictamente penal to punish the obligor in case of breach

18. General rule penalty shall substitute the indemnity for damages and the payment of
interest in case of noncompliance. Except when there is a stipulation to the contrary,
obligor is sued for refusal to pay the agreed penalty, when the obligor is guilty of
fraud the obligee can recover both penalty and damages for the breach of obligation.

19. When the principal obligation is void it follows that the penal clause as an accessory
is also void however if the penal clause is void it would not affect the validity of the
principal obligation