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OBLIGATIONS AND CONTRACT
Transcript of OBLIGATIONS AND CONTRACT
An obligation is a juridical necessity to give, to do or not to do.
The term obligation is derived from the Latin word obligatio which means tying or binding.
Categories of Obligation
Civil Obligation – obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice
Natural Obligation – not being based on positive law but on equity and natural law.
Forms of Obligation
3) Partly Oral
4) Partly Written
4.Acts or omission punished by law -when they arise from civil liability which is the consequence of a criminal offense
5.Quasi-delicts - when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties
Kinds of Obligation
1) Real Obligation (obligation to give) – the subject matter is a thing which the obligor must deliver to the obligee
2) Personal Obligation (obligation to do or not to do) – the subject matter is act to be done or not to be done
Article 1157 – Sources of Obligation
1.Law - when they are imposed by the law itself
2.Contracts - When they arise from the stipulation of the parties
3.Quasi-contracts - when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefitted at the expense of another
Elements of Obligation
1. A passive subject - the person who is bound to the fulfilment of obligation.
2. An active subject - the person who is entitled to demand the fulfilment of the obligation.
3. Object or prestation – the conduct required to be observed by the debtor.
4. A juridical or legal tie –that which binds or connects the parties to the obligation.
Types of Personal Obligation
1) Positive Obligation – obligation to do or render service
2) Negative obligation – obligation not to do
OBLIGATIONS AND CONTRACT