LAWS OF OBLIGATIONS AND CONTRACTS - TITLE I (CHAPTER I)

Article 1156

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

Obligatio

The term obligation derived from the Latin word _______ which means “tying” or “binding”

Civil Obligations

Based on positive law, these are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice.

Natural Obligations

Based on equity and natural law, they do not grant a right of action to enforce their performance.

Passive Subject (Debtor or Obligor)

The person who is bound to the fulfillment of the obligation; he who has a duty

Active Subject (Creditor or Obligee)

The person who is entitled to demand the fulfillment of the obligation; he who has a right

Object or Prestation (Subject Matter of the Obligation)

The conduct required to be observed by the debtor. It may consist in giving, doing, or not doing.

Juridical or Legal Tie (Efficient Cause)

Binds or connects the parties to the obligation.

Obligation

Act or performance which the law will enforce.

Right

is the power which a person has under the law, to demand from another any prestation.

Wrong (Cause of Action)

An act or omission of one party in violation of the legal right or rights of another.

Right of Action

The right to commence or maintain an action.

Injury

Illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another.

Damage

The loss, hurt, or harm which results from the injury.

Damages

Denote the sum of money recoverable as amends for the wrongful act or omission.

Real Obligation (Obligation to give)

is that in which the subject matter is a thing which the obligor must deliver to the obligee.

Personal Obligation (Obligation to do or not to do)

is that in which the subject matter is an act to be done or not to be done.

Positive personal obligation

Obligation to do or render service

Negative personal obligation

Obligation not to do

Law

Source of obligations when they are imposed by law itself.

Contracts

Is a meeting of minds between 2 (or more) persons whereby one binds himslef, with respect to the other, to give something or render some service.

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 benefited at the expense of another.

Crimes or acts or omissions punished by law

When they arise from civil liability which is the consequence of a criminal offense.

Quasi-delicts or torts

Is an act or omission by a person (tortfeasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties.

Negotiorum Gestio

Voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Solutio Indebiti

is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

(1) Restitution

(2) Reparation for the damage caused

(3) Indemnification for consequential damages.

Scope of Civil Liability

Active aspect, passive aspect

When there is right (______ aspect) there is a corresponding obligation (______ aspect)