Scribd Logo
Upload

Welcome to Scribd!

  • 147 views

    ART. 1156. An Obligation Is A Juridical Necessity To Give, To Do or Not To Do

    Uploaded by

    KinitDelfinCelestial
    This document discusses the definition and elements of an obligation according to Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. An obligation contains: an active subject (obligee/creditor), a passive subject (obligor/debtor), an object or prestation that is the subject matter, and an efficient cause that creates a juridical tie. Obligations can be classified in different ways, such as by the sanction for non-compliance (civil, natural, moral), the subject matter (real or personal), whether it imposes an affirmative or negative duty, and whether parties are unilateral or bilateral in their duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    ART. 1156. An Obligation Is A Juridical Necessity To Give, To Do or Not To Do

    Uploaded by

    KinitDelfinCelestial
    147 views4 pages
    This document discusses the definition and elements of an obligation according to Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. An obligation contains: an active subject (obligee/creditor), a passive subject (obligor/debtor), an object or prestation that is the subject matter, and an efficient cause that creates a juridical tie. Obligations can be classified in different ways, such as by the sanction for non-compliance (civil, natural, moral), the subject matter (real or personal), whether it imposes an affirmative or negative duty, and whether parties are unilateral or bilateral in their duties.

    Original Description:

    notes

    Original Title

    ART. 1156

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the definition and elements of an obligation according to Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. An obligation contains: an active subject (obligee/creditor), a passive subject (obligor/debtor), an object or prestation that is the subject matter, and an efficient cause that creates a juridical tie. Obligations can be classified in different ways, such as by the sanction for non-compliance (civil, natural, moral), the subject matter (real or personal), whether it imposes an affirmative or negative duty, and whether parties are unilateral or bilateral in their duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    147 views4 pages

    ART. 1156. An Obligation Is A Juridical Necessity To Give, To Do or Not To Do

    Uploaded by

    KinitDelfinCelestial
    This document discusses the definition and elements of an obligation according to Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. An obligation contains: an active subject (obligee/creditor), a passive subject (obligor/debtor), an object or prestation that is the subject matter, and an efficient cause that creates a juridical tie. Obligations can be classified in different ways, such as by the sanction for non-compliance (civil, natural, moral), the subject matter (real or personal), whether it imposes an affirmative or negative duty, and whether parties are unilateral or bilateral in their duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 4

    BOOK IV

    OBLIGATIONS AND CONTRACTS


    Title. I. - OBLIGATIONS
    CHAPTER 1
    GENERAL PROVISIONS

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

    Comment:

    1) Elements of an Obligation (derived from the Latin obligare to bind)


    a) An active subject (called the obligee or creditor) the possessor of a right; he in
    whose favor the obligation is constituted
    b) A passive subject (called the obligor or debtor) he who has the duty of giving,
    doing, or not doing.
    c) The object or prestation the subject matter of the obligation; is an obligation.
    d) The efficient cause (the vinculum or juridical tie)

    Art. 1156 Page 1


    2) Concept of prestation
    A prestation is an obligation; more specifically, it is the subject matter of an
    obligation and may consist of giving a thing, doing or not doing a certain act. The
    law speaks of an obligation as a juridical necessity to comply with a prestation.
    There is a juridical necessity, for non-compliance can result in juridical or legal
    sanction.

    3) Kinds of Obligations
    There are various basis for the classification of obligations. Given hereunder are few
    of them:

    a) From the viewpoint of sanction


    1) Civil obligation that defined in Art. 1156. The sanction is judicial process.
    Example: A promises to pay B his debt of P1 million.

    2) Natural obligation the duty not to recover what has voluntarily been paid
    although payment was no longer required. The sanction is the law of course,
    but only because conscience had originally motivated the payment.

    Art. 1156 Page 2


    Example: A owes B P1 million. But the debt has already prescribed. If A,
    knowing that it has prescribed, nevertheless still pays B, he cannot later on
    get back what he voluntarily paid.

    3) Moral obligation the duty of a catholic to hear mass on Sundays and holy
    days of obligation. The sanction here is conscience or morality, or the law of
    the church.

    b) From the viewpoint of subject matter


    1) Real obligation the obligation to give
    2) Personal obligation the obligation to do or not to do

    c) From the affirmatives and negativeness of the obligation


    1) Positive or affirmative obligation the obligation to give or to do
    2) Negative obligation the obligation not to do

    d) From the viewpoint of persons obliged


    1) Unilateral where only one of the parties is bound
    2) Bilateral where both parties are bound
    a) Reciprocal

    Art. 1156 Page 3


    b) Non-reciprocal ( where performance by one is non-dependent upon
    performance by the other)

    Art. 1156 Page 4

    You might also like