Obligation and Contrac

1156. An obligation is a juridical necessity to give, to do, or not to do.

JURIDICAL NECESSITY – juridical tie; connote that in case of noncompliance, there will be legal sanctions.

• An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court.

DAMAGES – sum of money given as a compensation for the injury or harm suffered by the obligee for the violation of his right.

2 KINDS OF OBLIGATION

1. CIVIL OBLIGATION – an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law.

2. NATURAL OBLIGATION – a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law. (i.e. when there is prescription of duty to pay, still, the obligor paid his dues to the obligee – the obligor cannot recover his payment even there is prescription)

ELEMENTS OF OBLIGATION

1. ACTIVE SUBJECT – (Creditor / Obligee) the person who is demanding the performance of the obligation;

2. PASSIVE SUBJECT – (Debtor / Obligor) the one bound to perform the prestation or to fulfill the obligation or duty;

3. PRESTATION – ( to give, to do, or not to do) subject matter of the obligation; conduct required to be observed by the debtor;

4. EFFICIENT CAUSE – the JURIDICAL TIE which binds the parties to the obligation; source of the obligation.

PRESTATION

1. TO GIVE – delivery of a thing to the creditor (in sale, deposit, pledge, donation);

2. TO DO – covers all kinds of works or services (contract for professional services);

3. NOT TO DO – consists of refraining from doing some acts (in following rules and regulations).

• INJURY – wrongful act or omission which causes loss or harm to another

• DAMAGE – result of injury (loss, hurt, harm)

1157....