Obligation – juridical necessity to do or not to do

May be defined as a juridical relation created by virtue of certain facts between two or more persons,
whereby one of them is the creditor or obligee and the other known as the debtor or obligor, may
demand the other, known as the debtor or obligor a definit prestation.

More accurate definition: an obligation is a juridical tie between two people, by virtue of which one of
them, the creditor has the right to demand the other, the debtor, a definte prestation.

Concept of obligation is it’s passive aspect is correlative to the concept of right - where there is
right/power to demand, there is an obligation of a definite conduct.

Elements of obligation

1. an active subject (has the power to demand prestation)

2. a passive subject ( bound to perform prestation)

3. an object or prestation

4. the efficient cause or juridical tie between the two subjects.

Personal elements are the active and passive subject.

Active has the right to demand

Passive has the juridical neccsity of adjusting his conduct to the demand of the creditor

Subject may be individual persons or juridical.

Subject must be determinable, if cannot be determined, obligatory ties have no effect

Object or prestation – not a thing but a particular object of the debtor.

Object of obligation is always a prestation which may consist in giving, doing or not doing.

Ex. A seller is obligated to sell something. The thing is not the object of prestation but his conduct is
necessary to produce the sale.

Obligation to give – prestation consists in the delivery of a movable or immovable thing in order to
create a right or for use of the recipient
Obligation to do – includes all kinds of work or service

Obligation not to do – constists of abstaining for an act

Requisites of obligation –

1. possible physically and judicially

2. must be determinate or at least determinable

3. must have a possible equivalent in money

Pecuniary value – general principle is that prestation should have be susceptible of penuary value. It
does need to be of economic value, even moral values have pecuniary value. (Examples family relations
bet hus and wife, and child

Effeciient cause or juridical/legal tie – is the viniculum (one that the connects) which may either be a

1. relation established by a law (ex relation of husband and wife gives rise to obli to support)

2. bilateral act (contracts that give rise to obligation stipulated therein)

3. unilateral (crimes and quasi delicts)

Civil obligation different from natural obligation –

Civil obligations derive heir binding force from positive law

Natural from equity and natural justice

Civil obligation can enforced by the courts or coercive power of ublic authorty

Natural depends on the good conscience of the debtor

Ex. Person executes a PN of P100 to creditor. There is a civil obligation for person to pay creditor which
can be enforced by the court

But uf the creditor does not demand payment 10 years after its due date, the action to demand
payment prescribes, creditor cannot compel payment. Natural obligation then takes place

Art 1157

Obligations rise from:

Law

Contracts

Quasi contracts

Acts or ommissions punishable by law

Quasi delicts

Unilateral promise – german code allows that unilaterial promise gives rise to obligation. Ex: a reward
for the realization of an act or achievement for a particular result. The one who promises to pay the
amount is obliged to pay it to the one who executed it, even if the one who did it, did it not in
consideration of the reward.

Art 1158 – obli from law are not presumed. Only those expressly derived from the civil ocdeare
demandable and shall be regulated by the laws that establish them.

Art 1159 – obli from contracts have the force of law between both parties and must be complied in good
faith

Article expresses the autonomy of good will. However, it is presumed that the contract is valid and
enforceable and that the contract is not contrary to law, morals or customs.

If not contrary, contract is valid

Falisfication of contract: falsification by unauthorized insertion of addition stipulation does not void the
entire contract. Contract is still valid, only disregarding unauthorized insertion

Attorney contract: contract for attorney services stand upon a different footing from contracts for
payment of compensation from other services.

Attorney is no entitled, in the absence of express contract, ti reciver more than a reasonable
compensation for services.

Pre-contractual obligations – can damages be recovered if contract is not perfected?

If there was negligence on the one who offered yes.

Art 1160 obligations from quasi contract

Quasi contract – juridical relation which arises from certain lawful, voluntary and juridical acts to the end
that no one may be unust enriched or benifited at expense of another.
The act giving rise to the quasi contract must be lawful which is different from a crime which is unlawful

It must voluntary, which it makes it different from a quasi delict which is based on negligences

It is unilateral which makes it different from a contracts in which two parties come to an agreement

Art 1161 civil obligations from criminal offences are governed by penal laws

Civil liability from crimes- all persons criminally liable are also cvivilly liable.

GR: civil liabaility is dependent upon the facts f the cirime

Following are exempt from CRIMINAL liability

Imbecile or insane

Under 7

Over 7 below 15 if they did the act without discernment

One who acted under compulsion of an irresistible force

One who acted under the impulse of an uncontrollable fear of an equal or greater injury

However, they are still civilly liiable

Subsidiary liability, innkeepers, tavernkeepers etc are civilly liable for crimes committed in their
establishment in cases where they may have violated a local law by the the owners or employees

They shall also be liable for theft of items that have deposited to them provided that owners notified in
advance the innkeeper of the deposit and that instructions have been given for the care and vigilance of
goods

Subsidiary liabilities also apply to teachers emplyers persons etc

Employers are subsidiarily liable for the crime of employee if the crime committed was in the
performance of their duty

Extinguishment of liability – if convict served prison time without paying civil damages, it does not
relieve him of his civil damages
Enforcement of liability –

GR: When criminal action is instituted, Civil action for recovery is impliedly instituted

XPN: Unless the offended party expressly reserves his right to institute ir spseerately

Therefore, once a criminal action commences, no civil action can arise from the same offence being
prosecuted

Separate civil action – may be instituted after the criminal action but cannot be instituted until the final
judgement in the criminal action has been given

Independent civil action – an action that can be filed without any reservation for criminal action

Only applicable to the following cases:

Obligations not arising from act or commission claimed to be criminal

Violations of constitutional rights

Defamation, fraud or physical injuries

Refusal or failure of police to render protection to life or property

Evidence – depends upon the nature of proceedings in which the claim is made’

Effect of acquittal – old rule was that acquittal means no longer civilly liable however today, the
offended party may still be able to file for civil action by a prepoonderanc eof evidence

1162 qausi delicts

Qausi delict – act which causes damage to another being the fault of negligence or fault is obliged to pay
for the damage done.

Since there was no contractual relation between both parties, it is ia quasi delict.

Fault or neglicne – the ommissioin to do something which ordinarily reasonable mean guided by those
considerations which ordinarilu regulate the conduct of human affairs would do

It could also mean the inadvertent imperfection by a imperfect agent in the discharge of a legal duty and
produces a natural consequence, a damage to another

Test of negligence –

a) defendant must protect plaintiff from the injury the latter complains
b) failure to perform duty

c) an injurty to the plaintiff through such failure

contractual culpa:

two kinds of negligence

culpa aquilana – negligence as a source of obligation

culpa contractional – negligence in the performance of a contract. This is a qausi delict

dolo – deliberate intent ot cause damage

Chapter two

Nature and effect of obligations

Three kinds of prestations – to give, to do and not to do

Delivery of generic object -