Law On Obligations
Law On Obligations
Law On Obligations
I.
DEFINITION
It is the juridical necessity to give, to do or not to do. (Art. 1156, NCC)
Civil obligations which, if not fulfilled when it becomes due and demandable, may
be enforced in court through action;
Natural obligations which cannot be enforced by court action but are binding on
the party who makes them;
Moral obligations that arise from the moral law developed by the church and not
from positive law, and are not enforceable in court. Moral obligation of a person in
relation to his God or Church.
Mixed Obligation obligations that are in accordance with both natural and
positive law.
Juridical tie
Legal effects
NATURAL OBLIGATION
Yes (except that the same is
rendered ineffective by some special
circumstance, such as prescription)
The law recognizes the following
legal effects:
MORAL OBLIGATION
No
If
the
natural
obligation
is
voluntarily performed, the creditor
is authorized to retain the payment
(Art. 1423, NCC); and
Negligence is
Vinculum juris
Substantive
independent
and
Good father of a
family
Presumption of
negligence
Is not a defense
Is complete and
defense (Art. 2180)
Yes
No
proper
a) Reciprocal;
b) Non Reciprocal where performance by one is non dependent upon the
performance of the other.)
d. As to the capability of fulfillment
Possible obligation an obligation that is capable of
accomplishment or fulfillment in nature or in law;
2.
Impossible obligation an obligation that is not capable of
accomplishment or fulfillment in nature or in law (Art. 1183)
1.
f.
j.