ARTICLES FROM TITLE 1

1156

Obligation

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

1157

Sources of Obligations

Obligations arise from law, contracts, quasi-contracts, acts/omissions punished by law, and quasi-delicts.

1158

Obligations Arising from Law

Obligations derived from law are not presumed and must be expressly provided by law.

1159

Obligations Arising from Contracts

Contractual obligations have the force of law between the parties and must be complied with in good faith.

1160

Obligations from Quasi-Contracts

Obligations arising from quasi-contracts are governed by the provisions of Chapter 1, Title XVII.

1161

Civil Obligations from Crimes

Civil obligations arising from criminal offenses are governed by penal laws, subject to Article 2177 and related provisions.

1162

Quasi-Delicts

Obligations arising from quasi-delicts are governed by Chapter 2, Title XVII and special laws.

1163

Diligence in Giving a Thing

The debtor must exercise proper diligence in preserving the thing to be delivered and must deliver it with its fruits, accessions, and accessories as required.

1164

Right to Fruits

The creditor has a right to the fruits of the thing from the time the obligation to deliver arises, but acquires no real right until delivery.

1165

Determinate vs. Generic Thing

The creditor may compel delivery of a determinate thing; a generic obligation may be complied with by another of the same kind.

1166

Accessions and Accessories

An obligation to give a determinate thing includes its accessions and accessories, even if not mentioned.

1167

Obligation to Do

If the debtor fails to do what was promised, it may be executed at the debtor's cost; improper performance may be undone or corrected at the debtor's expense.

1168

Obligation Not to Do

If the debtor does what was prohibited, it shall be undone at the debtor's expense.

1169

Delay / Mora

A debtor is in delay when the obligation is due and demand has been made, subject to cases where demand is unnecessary.

1170

Fraud, Negligence, Delay, Contravention

Those who act fraudulently, negligently, with delay, or violate the tenor of their obligations are liable for damages.

1171

Fraud

Responsibility arising from fraud is demandable in all obligations; waiver of an action for future fraud is void.

1172

Negligence / Culpa

Responsibility arising from negligence is demandable in all obligations, and courts may regulate the damages according to circumstances.

1173

Fault / Diligence

Negligence is failure to exercise the diligence required by the nature of the obligation and circumstances of the person, time, and place.

1174

Fortuitous Event

No person is liable for events that could not be foreseen or, if foreseen, were inevitable, unless otherwise provided by law, stipulation, or the nature of the obligation.

1175

Usurious Transactions

Usurious transactions are governed by special laws.

1176

Presumption of Payment

Receipt of the principal without reservation as to interest presumes payment of interest; receipt of a later installment without reservation presumes earlier installments were paid.

1177

Creditor's Remedies

Creditors may pursue fulfillment, attach the debtor's property, exercise the debtor's rights/actions, and impugn fraudulent acts when necessary.

1178

Transmissibility of Rights

Rights acquired through an obligation are transmissible unless prohibited by law or stipulation.