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Article 1156: An Obligation Is A Juridical Necessity To Give, To Do, or Not To Do

An obligation is defined as a juridical necessity to give, do, or not do something. It is a legal tie between two parties where one party is obligated or required to fulfill a duty or prestation. There are essential requisites of an obligation including a passive subject (debtor), active subject (creditor), object or prestation that is required, and an efficient cause that binds the parties. A key distinction is that an obligation is the act or performance that the law will enforce, a right is the power to demand fulfillment of the obligation, and a wrong or cause of action occurs when a party violates the legal right of another through an act or omission that causes injury or damage. For

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282 views

Article 1156: An Obligation Is A Juridical Necessity To Give, To Do, or Not To Do

An obligation is defined as a juridical necessity to give, do, or not do something. It is a legal tie between two parties where one party is obligated or required to fulfill a duty or prestation. There are essential requisites of an obligation including a passive subject (debtor), active subject (creditor), object or prestation that is required, and an efficient cause that binds the parties. A key distinction is that an obligation is the act or performance that the law will enforce, a right is the power to demand fulfillment of the obligation, and a wrong or cause of action occurs when a party violates the legal right of another through an act or omission that causes injury or damage. For

Uploaded by

Lovely Princess Mitra
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Article 1156: An obligation is a juridical necessity to give, to do, or

not to do

 Obligation
 Derived from latin word “obligatio” meaning typing or binding

 Tie of law/juridical bond where one is in favor to render something (give thing,
does or not does certain act)
 Manresa ” legal relation bet. both party where one demanded to fulfill the
prestation ”
 This gives definition of obligation to civil code in passive aspect. Debtor/obligor
duty is a JURIDICAL NECESSITY

 Juridical Necessity
 In case of non-compliance, court of justice may be called to enforce fulfillment or
default (economic value that it represents)
 Debtor is liable for damages (sum of money given as compensation for injury or
harm suffered by creditor/obligee) for violation of his right (right to performance
of obligation)
 Debtor must comply w/ his obligation no matter what or else it will cause harmful
or undesirable legal consequences
 IF NATURAL OBLIGATION (obligation that is not enforceable)- pipol can
disregard impunity (parusa)

 Nature of Obligation under civil code


 Civil Obligations- obligations give creditor/oblige right of action in court to
enforce performance
 Article 1423: Natural Obligations- not based on positive law but on equity and
natural law. Do not grant right to enforce performance unless it is voluntary action

 Essential requisites of an obligation


1. Passive subject (debtor or obligor)-person bound (has duty) to perform one
obligation
2. Active Subject (Creditor or Obligee)- person entitle (has rights) to demand the
fulfillment of obligation
3. Object or Prestation (Subject matter of obligation)- conduct require to be observed
by debtor (giving doing or not doing). Art. 1232 without prestation there’s nothing to
perform. Article 1191: Bilateral obligation- parties are reciprocally debtors and
creditors
4. Efficient Cause (Juridical or legal tie)- the one that binds or connects the parties to
obligation which can easily be determine on knowing the SOURCE OF
OBLIGATION (Article 1157)
Example: X and Y Building Contract

 Form of Obligation
 Article 1356- law doesn’t require any form of obligation arise from contract for their
validity or binding force
 Article 1157- Obligations that arise from other sources do not have form at all

 Obligation, Right, Wrong (cause of action) distinguished


1. Obligation- act or performance which law will enforce
2. Right- POWER that a person has under the law to demand any prestation
3. Wrong (Cause of Action)- act or omission of one party in violation legal right of
another which causes injury (damage)
Example: Bachrach Corporation vs Court of appeal / Dela Rosa vs Mendiola

 Essential elements of cause of action


1. Essential elements
A. Legal right in favor of person (creditor/plaintiff) by whatever means and law it
arises or created
B. Correlative legal obligation (debtor/defendant) to respect or not to violate the
said right
C. Act or omission in Breach or Violation of said right by defendant w/
consequential injury/damage to plaintiff of appropriate relief
Example: PAGE 4
2. If these elements is ABSENT, Complaint is vulnerable to motion or dismiss in the
ground of failure to state a cause of action
3. Cause of action only arise when last element is present or the right has been
transgressed
a. MUST distinguished right of action or right to commence an action and
maintain an action
 Right of Action- spring of cause of action. Does NOT accrue until all facts of
wrong occured . Brought by an active subject whom by law is entitle to have
right to be enforced
b. Obligation can’t exist w/o corresponding right existing in favor of another. For
every right enjoyed, there is corresponding obligation on part of another as respect
to such right

 Cause of action based upon written contract


 Article 1144- actions based upon written contract should be brought within 10 yrs
from time right of action has been accrue (cause of action)
 Action based on contract accrues ONLY when breach or violation occurs.
Therefore, period of prescription is date of breach occurrence not on date of
execution of contract
 Cause of action from breach of contract is dependents on facts of case
1. Contract on sale of installment basis- Non-payment (last installment has not
paid)
2. Obligation payable on demand. If overdraft agreement has been breach men
demand is made
3. Contract of loan with real estate mortgage- creditor can unitarily increase
the interest rate and kunin yung property if failed to pay. Cause of action for
foreclosure sale is from date the debtor discovered the increase interest rate
4. Agreement from buy and sell conditioned upon preliminary survey of land.
Verifies that area is stated on tax declaration. Right of action after survey
5. Money claims arise from contract of employment- prescribe in 3 years from
time of wrong occurred. Wrong arise when employer denies employee’s claim
until it reinstated
6. Reformation of contract- wrong if contract is disadvantageous
7. Nature of product sold- if kulang yung binigay compare sa ordered

 Injury, damage, Damages distinguished

 Injury- illegal invasion of legal right. Wrongful act or omission which causes
loss or harm to another. Legal wrong to be redress (Wrong na ginawa/cause)
 Damage- loss, hurt or harm result from injury (effect ng ginawa/cause)
 Damages- Sum of money recoverable as amends for wrongful act or omission.
Recompense or compensation awarded or recoverable for damage or loss
suffered. (Perang makukuha dahil sa damage occured)

 Existence of one w/o the other (injury w/o damage and damage w/o injury)
1. Proof of loss for injury- wrongful violation of his legal right not sufficient to
entitle a person to sue another for enforcement or protection of said right. There
MUST have loss or damage caused by violation of his right. ONLY actual or
compensatory damages can give no pecuniary (kinalaman sa cash) is necessary
2. Liability for damages of a person for exercising his legal rights- a peson has
legal right to take legal steps to enforce his rights as it does not cause INJURY. If
it happened that damage is cause when exercising his legal rights then the plaintiff
alone will shoulder the damages In short, considered as wrong sya if it is hurtful
and wrongful

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