Art. 1156. an obligation is a juridical necessity to give, to do or not to do.

Obligation A juridical relation whereby a person (creditor) may demand from another (debtor) the observance of a determinate conduct (the giving, doing or not doing), and in case of breach may demand satisfaction from the assets of the latter. Derived from the Latin word obligatio which means tying or binding It is a juridical necessity because in case of noncompliance, there will be legal sanctions. Essential requisites of an obligation a. Passive subject (debtor or obligor) The person who is bound to the fulfilment of the obligation. He who has the duty b. Active subject (creditor or obligee) The person who is entitled to demand the fulfilment of the obligation. He who has the right c. Object or Prestation (subject matter of the obligation The conduct required to be observed by the debtor May consist of giving a thing, doing or not doing a certain act. d. Juridical or Legal tie (efficient cause or the vinculum) The reason why the obligation exists. That which binds or connects the parties to the obligation. Kinds of Obligation (Art. 1423) 1. Sanction a. Civil obligations Obligations which give to the creditor or oblige a right of action in courts of justice to enforce their performance. Positive law b. Natural obligations Not based on positive law , do not grant a right of action to enforce their performance although in case of voluntary fulfilment by the debtor, the

latter may not recover what has been delivered or rendered by reason thereof. 2. Subject matter a. Real obligation The obligation to give b. Personal obligation The obligation to do or not to do 3. Affirmativeness or negativeness a. Positive or affirmative obligation The obligation to give or to do b. Negative obligation The obligation not to do (not to give) 4. Persons obliged a. Unilateral Where only one of the parties is bound b. Bilateral Where both parties are bound i. Reciprocal ii. Non-reciprocal Obligation, right, and wrong (cause of action) distinguished Obligation The act or performance which the law will enforce Right The power which a person has under the law, to demand from another any prestation Wrong (cause An act or omission of one party in of action) violation of the legal right or rights of another, causing injury to the latter. Injury, damage, and damages distinguished Injury Illegal invasion of a Legal wrong legal right; to be It is the wrongful act or redressed omission which causes loss or harm to another Damage The loss, hurt, or harm which results from the injury Damages The sum of money Recompense recoverable as amends or for the wrongful act or compensatio omission n awarded or recoverable for the damage or loss suffered

Art. 1157. Obligations arise from: 1. Law; 2. Contracts; 3. Quasi-contracts; 4. Acts or omissions punished by law; and 5. Quasi-delicts. The enumerations of the sources of obligations are exclusive. No obligation exists if its source is not one of those enumerated Sources of obligations 1. Law (Art.1158) When they are imposed by the law itself. Rule of conduct, formulated and made obligatory by the legitimate power or authority of the state. 2. Contracts (Art.1159, Art.1305) When they arise from the stipulation of the parties. 3. Quasi-contracts (Art.1160, Art.2142) When they arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. 4. Acts or omissions punished by law (Crimes, delicts, Art. 1161, Art. 2177) When they arise from civil liability which is the consequence of a criminal offense. 5. Quasi-delicts or torts (Art. 1162, Art. 2176) 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. Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not foreseen, by the provision of this Book.