-Reason why you have a obligation CRIMINAL LIABILITY- Imprisonment DETERMINATE- Irreplaceable (my only,

Article 1156- Juridical necessity to give, (penal code) physification, pointing out)
to do or not to do. + -If it is particularly designated (walang
CIVIL LIABILITY kapareho)
3 types of obligations according to Sources of Obligation  RESTITUTION- Restore the object - It is physically segrated among others
necessity of the crime. of the same class. (Delimited generic)
1. LAW - Rule of conduct, just and  REPARATION- Payment damages (maihiwalay)
1. CIVIC- in case of non- performance, obligatory created or laid down proper (injured party)
court will intervene. authorities of the stat.  INDEMINIFICATION- Payment LAW
- positive law (laws made by men) - Obligations arising from law are not damages (Injured third party) -extra ordinary deligence
2. MORAL presumed. -presumed
3. NATURAL NATURAL LAW 5. QUASI-DELICT- Are injuries/ harm (CONTRACT OF CARRIAGE)
- If a natural obligation is 2. CONTRACT - Intangible - agreement done to a party with no pre- existing - right level of deligence
voluntarily performed non-recovery of contract is just a instrument/ evidence. contract. STIPULATION
performance will apply. - Meeting of the minds between two - not intentionally -Condition given to you
 CONSCIENCE parties whereby one binds himself in PARI DELICTO- Both parties are in Diligence of a good father of a family
 EQUITY respect to another to give something or fault. -minimum deligence
 MORAL JUSTICE to render some services. GENERALLY (SCHOLARS)
PRESCRIBED - Totally gone after long  Liberty of Contract 1. LAW  CONSTRUCTIVE
years. (30 years non-performed to give,  Extiquilate 2. CONTRACT -intangible assets
to do) (EXTINGUISHED)  Is not against with law, morals, “MASTER-SERVANT-RULE”  ACTUAL
good custom, good conduct, public (CONTRACT) -Not all thing actually will deliver actual,
2 types of obligation according to policy/ order. it may constructive.
PRESTATION  If the contract is against it has PURE OBLIGATION Example: (car,house,lot)
consider VOID. - No period, no condition.
1. REAL - to give -upon perfection  INDUSTRIAL FRUIT
2. PERSONAL - to do, not to do 3. QUASI-CONTRACT- AS IF -upon meeting the minds - human intervention
(service) - Is a legal voluntary and unilateral act OBLIGATION W/A PERIOD  NATURAL FRUIT
- not to give creating juridical relationship among -upon arrival of the period -w/o human intervention
parties based on the concept that no one -certain date  CIVIL FRUIT
Requisitesof an obligation shall be unjustly enriched at the expense OBLIGATION W/A CONDITION -arising juridical relationships
of another. -upon fullfilment of condition -interest,rent
1. ACTIVE SUBJECT - Creditor -certain condition
(Obligee) 2 types of Quasi-Delict MUTUUM- consumable
2. PASSIVE SUBJECT - Debtor 1. NOMINATE- Not in a special name PERSONAL RIGHT COMMODATUM
(Obligor) by law (CONTRACT) -Jus in persona/personam
- responsible to do the obligation  SOLUTIO INDEBITI-payment -constructing party ACCESSION- Attached or object or
3. PRESTATION - Subject matter or by mistake REAL RIGHT produced by men
object consist to do, to give, or not to do.  NEGOTORIUM -Jus in RE/REM (airconditioning,speaker etc.)
4. EFFICIENT CAUSE - Legal tie/ GESTIO-voluntary administration of -against the whole world
Juridical tie/ vinculum juris neglected abandoned property -ownership ACCESSORIES- Object for better use
2. INNOMINATE -upon delivery in good faith (key)
BILATERAL CONTRACT- Both two
parties oblig to the contract. GENUS NUNQUAM PERIT Comply at the expense of the debtor -
4. DELICT(CRIME)- All criminally liable -Generic never perishes pwede maghanap si creditor ng ibang
are also civilly liable but not vice versa.
gagawa ng obligation at si debtor ang
magbabayad.
Specific performance- bawal
maghanap ng iba.
Obligation to do - involuntary
servitudes
-cannot force
If complied w/a contravention of
terror
-Pumunta pero mali ang service na
ginawa.
 PACTUM COMISSONUM
- Taking properties you didn’t own.
 SUBROGATORIA
-SUBROGATE
-SUBROGATION - Being subtitute to
rights of the debtor.
 ACTION TO RESCIND
-ACCION PAULIANA
-Action to impugn/cancel
-fraudulent contracts
 ACTUAL DAMAGES
-Need actual proof or evidences.
-also known as compensatory damages
-propose is to compensate the laws.
 MORAL DAMAGES
- damages emotionally
DAMAGES is compensation for the
injury
 NOMINAL DAMAGES
- vendilate the right
-minimum amount of damages
 TEMPERATE DAMAGES
-MODERATE DAMAGES
-Higher than nominal but less than
actual.
 EXEMPLARY DAMAGES
-To set an example
- To correct wrong doings.
 LIQUIDATING DAMAGES
-Agreed beforehand
Generally corporate never accepted
moral damages except REPUTATION
FRAUD- Known as DOLO -with defense of diligence of a good
-an intentional evasion of the debtor to father of a family.
perform the obligation.  CULPA CRIMINAL
-Source delict
2 types of FRAUD -with master-servant-rule
-w/o defense of digence of a good father
1. AS TO PURPOSE of a family.
 Obtain consent
-niloko para mapa oo DELAY - Non-performance of the
 Performance of obligation obligation in time.
- niloko ka noong naperform na ang
obligation  ORDINARY DELAY- w/o damages
-at middle  LEGAL DELAY - w/damages
-different term -the creditor demand and debtor didn’t
comply it so theirs a DAMAGES.
OBTAINING CONSENT -if the creditor demand not in a certain
 CAUSAL/DOLO CAUSANTE date and debtor didn’t comply there is no
(ANNULMENT) damages and it is NOT VALID.
 INCIDENTAL/DOLO INCIDENTE
GENERAL RULE
2. IN THE PERFORMANCE OF
OBLIGATION “NO DEMAND,NO DELAY,NO
 PAST FRAUD DAMAGES”
 FUTURE FRAUD
EXCEPTIONS:
NEGLIGENCE-Omission of the regard (W/O DEMAND,DELAY)
diligence of a contract which
corresponds to the circumstance of a 1. LAW (PAYMENT OF TAXES)
person,place,or time. 2. STIPULATION (AGREEMENT)
-arises from act that unlawful. 3. TIME IS OF THE ESSENCE OF
THE CONTRACT
DEGREE 4. DEMAND WOULD BE USELESS
 CULPA LATA- Grave (Most) A. If the thing was destroyed
 CULPA LEVIS- Ordinary through debtor’s fault.
 CULPA LEVISSIMA- Slight B. If the thing is in hand of another
person (ownership)
SOURCES 5. RECIPROCAL OBLIGATION
 CULPA CONTRACTUAL (CONTRACT OF SALES)
-Source is contract
-with master-servant-rule
-w/o defense of diligence of a good
father of a family.
 CULPA AQUILIANA/TORT/PRE
EXISTING CONTRACT
-Source is quasi-delict
-w/o master-servant rule