Article 1156.

An obligation is a juridical necessity the law or stipulation of the parties

requires another standard of care.
to give, to do or not to do.

Article 1164. The creditor has a right to the fruits

Article 1157. Obligations arise from Law,
of the thing from the time the
Contracts, Quasi-contracts, obligation to deliver it arises.
Act or omissions punished by law However, he shall acquire no real
and Quasi-delicts. right over it until the same has
been delivered to him.
Article 1158. Obligations derived from law are not Article 1165. When what is to be delivered is a
presumed. Only those expressly determinate thing, the creditor, in
determined in this Code or in addition to the right granted to
special law are demandable, and him by article 1170, may compel
shall be regulated by the precepts the debtor to make the delivery.
of the law which establishes them; If the thing is indeterminate or
and as to what has not been generic, he may ask that the
foreseen, by the provisions of this obligation be complied with at the
Book. expense of the debtor.
If the obligor delays, or has
Article 1159. Obligations arising from contracts promised to deliver the same
have the force of law between the thing to two or more persons who
contracting parties and should be do not have the same interest, he
complied with in good faith. shall be responsible for any
fortuitous event he has effected
Article 1160. Obligations derived from quasi- the delivery.

contracts shall be subject the

Article 1166. The obligation to give a determinate
provisions of Chapter 1, Title XVII,
of this book. thing includes that of delivering all
its accessions and accessories,
Article 1161. Civil obligations arising from even though they may not have
criminal offenses shall be been mentioned.
governed by penal laws, subject to
Article 1167. If a person obliged to do something
the provisions of the article 2177,
and of the pertinent provisions of fails to do it, the same shall be
Chapter 2, Preliminary Title, on executed at his cost.
Human Relations, and of Title XVII The same rule shall be observed
of this Book, regulating damages. if he does it in contravention of the
tenor of the obligation.
Article 1162. Obligations derived from quasi- Furthermore, it may be decreed
that what has been poorly done be
delicts shall be governed by the
undone.
provisions of Chapter 2, Title XVII
of this book, and by special laws. Article 1168. When the obligation consists in not
doing, and the obligor does what
Article 1163. Every person obliged to give has been forbidden him, it shall
something is also obliged to take also be undone at his expense.
care of it with the proper diligence
of a good father of a family, unless Article 1169. Those obliged to deliver or to do
something incur in delay from the
 time the obligee judicially or extra- Article 1173. The fault or negligence of the
judicially demands from them the
obligor consists in the omission of
fulfillment of their obligation.
that diligence which is required by
However, the demand by the
the nature of the obligation and
creditor shall not be necessary in
corresponds with the
order that delay may exist:
circumstances of the person, of the
(1) When the obligation or the law
time and of the place. When
expressly so declares; or
negligence shows bad faith, the
(2) When from the nature and the
provisions of articles 1171 and
circumstances of the obligation it
2201, paragraph 2, shall apply.
appears that the designation of the
If the law or contract does not
time when the thing is to be
state the diligence which is to be
delivered or the service is to be
observed in the performance, that
rendered was a controlling motive
which is expected of a good father
for the establishment of the
of a family shall be required.
contract; or
(3) When the demand would be
Article 1174. Except in cases expressly specified
useless, as when the obligor has
rendered it beyond his power to by law, or when it is otherwise
perform. declared by stipulation or when
In reciprocal obligations, neither the nature of the obligation
party incurs in delay if the other requires the assumption of risk, no
does not comply or is not ready to person shall be responsible for
comply in a proper manner with those events which could not be
what is incumbent upon him. From foreseen, or which though
the moment one of the parties foreseen, were inevitable.
fulfills his obligation, delay by the
other begins. Article 1175. Usurious transactions shall be
governed by special laws.
Article 1170. Those who in the performance of
their obligations are guilty of fraud, Article 1176. The receipt of the principal by the
negligence, or delay, and those creditor, without reservation with
who in any manner contravene the respect to the interest, shall give
tenor thereof, are liable for rise to the presumption that said
damages. interest has been paid.
The receipt of a later installment
Article 1171. Responsibility arising from fraud is of a debt without reservation as to
demandable in all obligations. Any prior installments, shall likewise
waiver of an action for future fraud raise the presumption that such
is void. installments have been paid.

Article 1172. Responsibility arising from Article 1177. The creditors, after having pursued
negligence in the performance of the property in possession of the
every kind of obligation is also debtor to satisfy their claims, may
demandable, but such liability may exercise all the rights and bring all
be regulated by the courts, the actions of the latter for the
according to the circumstances. same purpose, save those which
are inherent in his person; they
may also impugn the acts which
 the debtor may have done to impossible or unlawful condition
defraud them. shall be valid.
The condition not to do an
Article 1178. Subject to the laws, all right acquired impossible thing shall be
in virtue of an obligation are considered as not having been
transmissible, if there has been no agreed upon. (1116a)
stipulation to the contrary.
Article 1184. The condition that some event
Article 1179. Every obligation whose performance
happen at a determinate time shall
does not depend upon a future or extinguish the obligation as soon
uncertain event, or upon a past as the time expires or if it has
unknown to the parties, is become indubitable that the event
demandable at once. will not take place.(1117)
Every obligation which contain a
resolutory condition shall also be Article 1185. The condition that some event will
demandable, without prejudice to
not happen at a determinate time
the effects of the happening of the
shall render the obligation
event.
effective from the moment the
Article 1180. When the debtor binds himself to time indicated has elapsed, or if it
has become evident that the
pay when his means permit him to
event cannot occur.
do so, the obligation shall be
If no time has been fixed, the
deemed to be one with a period,
condition shall be deemed fulfilled
subject to the provisions of article
at such time as may have probably
1197. (n)
been contemplated, bearing in
Article 1181. In conditional obligations, the mind the nature of the obligation.
acquisition of rights, as well as the (1118)
extinguishment or loss of those
already acquired shall depend Article 1186. The condition shall be deemed
upon the happening of the event fulfilled when obligor voluntarily
which constitutes the condition. prevents its fulfillment. (1119)
(1114)
Article 1187. The effects of a conditional
Article 1182. When the fulfilment of the condition
obligation to give, once the
depends upon the sole will of the
condition has been fulfilled, shall
debtor, the conditional obligation
retroact to the day of the
shall be void. If it depends upon
constitution of the obligation.
chance or upon the will of a third
Nevertheless, when the obligation
person, the obligation shall take
imposes reciprocal prestations
effect in conformity with the
upon the parties, the fruits and
provisions of this Code. (1115)
interests during the pendency of
the condition shall be deemed to
Article 1183. Impossible conditions, those
have been mutually compensated.
contrary to good customs or public If the obligation is unilateral, the
policy and those prohibited by law debtor shall appropriate the fruits
shall annul the obligation which and interests received, unless from
depends upon them. If the the nature and circumstances of
obligation is divisible, that part the obligation it should be inferred
thereof which is not affected by the
 that the intention of the person improvement shall inure to the
constituting the same was benefit of the creditor;
different. (6) If it is improved at the
In obligations to do and not to expense of the debtor, he shall
do, the courts shall determine, in have no other right than that
each case, the retroactive effect of granted to the usufructuary. (1122)
the condition that has been
complied with. (1120) Article 1190. When the conditions have for their
purpose the extinguishment of an
Article 1188. The creditor may, before the obligation to give, the parties,
fulfillment of the condition, bring upon the fulfillment of said
the appropriate actions for the conditions, shall return to each
preservation of his right. other what they have received.
The debtor may recover what In case of loss, deterioration or
during the same time he has paid improvement of the thing, the
by mistake in case of a suspensive provisions which, with respect to
condition. (1121a) the debtor, are laid down in the
preceding article shall be applied
Article 1189. When the conditions have been to the party who is bound to
return.
imposed with the intention of
As for obligations to do and not
suspending the efficacy of an
to do, the provisions of the second
obligation to give, the following
paragraph of article 1187 shall be
rules shall be observed in case of
observed as regards the effect of
the improvement, loss or
the extinguishment of the
deterioration of the thing during
obligation. (1123)
the pendency of the condition:
(1) If the thing is lost without the
fault of the debtor, the obligation
shall be extinguished;
(2) If the thing is lost through the
fault of the debtor, he shall be
obliged to pay damages; it is
understood that the thing is lost
when it perishes, or goes out of
commerce, or disappears in such a
way that its existence is unknown
or it cannot be recovered;
(3) When the thing deteriorates
without the fault of the debtor, the
impairment is to be borne by the
creditor;
(4) If it deteriorates through the
fault of the debtor, the creditor
may choose between the
rescission of the obligation and its
fulfillment, with indemnity for
damages in either case;
(5) If the thing is improved by its
nature, or by time, the
Natural obligations
Civil obligations

Requisites of an Obligation
1. Passive subject
2. Active subject
3. Object or Prestation
4. Juridical or legal tie
Distinguished
1. Obligation
2. Right
3. Wrong
- Legal right
- Injury
Elements of legal wrong or injury
a. Legal right in favor of
creditor/oblige/plaintiff
b. Correlative legal obligation on part of
debtor/obligor/defendant; to respect or
not to violate said right
c. Act or omission by the latter by the latter
in violation of said right with resulting
injury or damage to the former