CHAPTER 1 OUTLINE!
•Meaning of Obligation!
•Meaning of Juridicial Necessity!
•Nature of Obligations!
–Civil Obligation!
–Natural Obligation!
•Essential Requisites of Obligation!
•Forms of Obligation!
•Obligation, Right and Wrong!
–Requisites of Legal Wrong!
•Kinds of Obligation!
–Real Obligation!
–Personal Obligation!
a) Positive!
a) Negative# !
•Sources of Obligation!
–Legal Obligation!
–Contractual Obligation!
–Quasi-Contractual Obligation!
–Delicts!
–Quasi-Delicts!
•Compliance in Good Faith!
•Kinds of Quasi-Contract!
–Negotiorum Gestio!
–Solutio Indebiti!
•Scope of Civil Liability!
•Requisites of Quasi-Delicts!
•Crime distinguished from Quasi-Delict!
Meaning of Obligation
•Obligatio– “tying or binding”!
•Juridicial necessity to give, to do or not to
do!
Meaning of Juridicial Necessity
•In case of non-compliance, courts of
justice may be called upon the aggrieved
party to enforce its fulfillment/ economic
value it represents!
•Damages: compensation for the injury/
sum of money!
Nature of Obligations
•Civil Obligations: give creditor a right to
enforce their performance in courts of
justice.!
•Natural Obligations: NOT based on
positive law but on equity and natural law.!
–Doesn’t have right to enforce
performance!
Requisites of Obligation
1. Debtor/Obligor/Passive Subject:
bound to fulfillment of obligation!
2. Creditor/Obligee/Active Subject:
demand the fulfillment of obligation!
3. Object/Prestation: conduct required to
be observed by the debtor!
4. Juridical/ Legal Tie: binds the parties!
Obligation, Right, Wrong
•Obligation: performance which the law will
enforce!
•Right: power to demand from another any
prestation!
•Wrong: act or omission in one violation of
the legal rights of another !
–Also known as injury!
Requisites of Legal Wrong
1. Legal right
2. Legal Obligation
3. Act or omission
Kinds of Obligation
•Real Obligation (to give)!
–Subject matter is a thing!
•Personal Obligation (to do or not to do)!
–Subject matter is act to be done or
not to be done!
1. Positive Obligation (to do)!
2. Negative Obligation (not to do)
Sources of Obligation!
•Law: imposed by law itself !
•Contracts: arise from stipulation!
–Meeting of minds between 2 persons,
whereby one binds himself, with
respect to the other, to give
something or to render some service.!
1. Binding Force!
2. Requirement of Valid Contract!
3. Breach of Contract- fails or refuse to
comply with obligation without
justification.!
•Quasi-Contract: juridical relation resulting
to lawful, voluntary, and unilateral acts/ no
one will be unjustly enriched!
–Negotiorum Gestio: voluntary
management of property or affairs of
another without consent or
knowledge of latter.!
–Solution Indebiti: when something is
received when there is no right to
demand it. Unduly delivered by
mistake.!
•Crime/Delict: arise from civil liability and
consequence of criminal offense.!
–Morally evil also material damage!
–Criminally liable => Civilly liable!
–EXCEPTION: Crime without material
damage has no civil liability.
Scope of Civil Liability
1. Restitution: restore/return!
2. Reparation: repair!
3. Indemnification: pay !
•Quasi- Delict: no contractual relation but
due to negligence, have to pay for
damages.!
Requisites of Quasi-Delict
1. Act or omission
2. Fault or negligence
3. Damage caused
4. Direct relation of the act or
omission and the damage
5. No pre-existing contractual
relation
Crime Vs. Quasi-Delict
Crime
Quasi-Delict
Malicious intent/
Criminal negligence
Negligence
Punishment
Indemnification
2 liabilities: criminal
and civil liability
Civil Liability only
Proof beyond
reasonable doubt
Preponderance of
evidence
CHAPTER 2 OUTLINE!
•Specific or determinate thing!
•Generic or indeterminate thing!
•Specific thing and generic thing
distinguished!
•Duties of debtor in obligation to give a
determinate thing!
•Duties of debtor in obligation to deliver a
generic thing!
•Kinds of Fruit!
–Natural!
–Industrial!
–Civil!
•Right of creditor to the fruits!
•Meaning of personal right and real right!
•Ownership acquired by delivery!
•Remedies of creditor in real obligation!
•Meaning of accessories and accessions!
•Situations contemplated in Article 1167!
•Remedies of creditor in positive personal
obligation!
•Performance by a third person!
•Remedies of creditor in negative personal
obligation!
•Performance by a third person!
•Remedies of creditor in negative personal
obligation!
•Meaning of Delay!
–Ordinary delay!
–Legal delay!
•Kinds of Delay!
•No delay in negative personal obligation!
•Requisites of Delay by the debtor!
•Effects of delay!
•When demand is not necessary to put
debtor in delay!
•Grounds for Liability!
–Fraud!
–Negligence!
–Delay!
–Contravention of terms!
•Fraus vs. Negligence !
•Responsibility arising from fraud
demandable!
•Waiver of action for future fraud void!
•Waiver for action for past fraud valid!
•Responsibility arising from negligence
demandable !
•Validity of waiver of action arising from
negligence!
•Kinds of Negligence!
•Effect of negligence on the part of injured
party!
•Meaning of fault/negligence!
•Measures of liability for damages !
•Kinds of Diligence!
•Meaning of Fortuitous Event!
•Fortuitous event vs. Force Majeure!
–Acts of man !
–Acts of God!
•Kinds of fortuitous event!
•Requisites for fortuitous event!
•Rules as to liability in case of fortuitous
event!
•Simple loan or Mutuum!
•Usury!
•Requisites for recovery of interest!
•Presumption!
•Two kinds of Presumption!
–Conclusive!
–Disputable!
•Presumptions in Article 1176 do not apply!
•Remedies available to creditors for
satisfaction of claims!
•Transmissibility of rights!
Specific or Determinate thing!
•Particularly designated or physically
segregated others of the same class!
Generic or Indeterminate thing!
•Refers to class or genus, cannot pointed
out with particularity!
Specific vs. Generic!
Duties of Debtor in Obligation to Give a
Specific Thing!
1. Preserve the thing (DGFF)!
2. Deliver the fruits of the thing!
3. Deliver accessions and accessories!
4. Deliver the thing itself!
5. Pay for damage in case of non-fulfillment!
Duties of Debtor in Obligation to Deliver a
Generic Thing!
1. Deliver a thing which is of the quality
intended by the parties!
2. Pay for damages in case of fraud,
negligence or delay!
Kinds of Fruit!
•Natural Fruit: spontaneous product of soil,
young of animals!
•Industrial Fruit: produced by lands through
cultivation or labor!
•Civil Fruit: virtue of a juridical relation!
Right of Creditor to Fruits!
•Creditor is entitled to the fruits of the thing
to be delivered from the obligation too
make the delivery arises.!
Meaning of Personal Right and Real Right!
•Personal Right: power of a person to
demand from another!
•Real Right: right or interest of a person
over a specific thing!
Personal vs. Real Right!
Ownership acquired by Delivery!
•“he shall have no real right over it until the
same has been delivered to him”!
Remedies of Creditor in Real Obligation!
Specific Thing!
1. Demand specific performance or
fulfillment (compel) – pay for damages!
2. Rescission or cancellation- pay for
damages!
3. Pay for damages!
Remedies of Creditor in Real Obligation!
Generic Thing!
1. Ask for performance of obligation!
2. Third party!
3. Recover damage!
Meaning of Accessions and Accessories!
•Accessions: fruits of a thing; additions or
improvement upon a thing!
•Accessories: things joined to or included
with principal thing!
Right of Creditor to Accessories!
•GR: all accessions and accessories are
included in obligation to deliver a
determinate thing although not mentioned!
•Accessory follows principal!
Specific
Generic
Individuality
Specie
Cannot be substituted
Can be substituted
with the same kind
Personal Right
Real Right
Active and passive
subject
Active Subject
Particular person
Against whole world
Situations Contemplated in Article 1167!
1. Fail!
2. Contrary!
3. Poor Manner!
Remedies of Creditor in Positive Personal
Obligation!
1. Performed by himself/ third party!
2. Recover damage!
3. If poorly done, it may be ordered that it
be undone.!
–Specific performance can’t be ordered or
compelled.!
Remedies of Creditor in Negative Personal
Obligation!
1. Undoing!
2. Pay for Damages!
Meaning of Delay!
•Ordinary Delay: failure to perform an
obligation on time!
•Legal Delay: ( default or mora)
Effects of Delay!
1. Mora Solvendi!
–Debtor is guilty of breach !
–Liable to creditor for interest or
damages!
–Liable even for fortuitous event when
deliver a determinate thing!
–Generic- not relieved fro liability
because he can still be compelled to
deliver thing of the same kind!
2. Mora Accipiendi!
–Creditor guilty of breach!
–Liable for damages suffered !
–Bears risk of loss!
–Debtor not liable for interest from the
time of creditors delay!
–Delay may release himself from
obligation!
3. Compensatio Morae: delay of obligor
cancels the delay of obligee and vice versa!
Demand is NOT necessary to put debtor in
Delay!
