It is the Latin word of obligation which means tying or binding

It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something and this may consist in giving a thing, doing a certain act, or not doing a certain act.

It is a juridical necessity to give, to do, and not to do

Essential Requisites Of An Obligation

(called debtor or obligor) The person who is bound to the fulfillment of the obligation; he who has a duty;

(called creditor or obligee) The person who is entitled to demand the fulfillment of the obligation; he who has a right

(subject matter of the obligation) The conduct required to be observed by the debtor. It may consist in giving, doing, or not doing.

(also called efficient cause). That which binds or connects the parties to the obligation.

is the act or performance which the law will enforce.

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

according to its legal meaning, is an act or omission of one party in violation of the legal right or rights of another.

KINDS OF OBLIGATION according to the subject matter:

Is that in which the subject matter is a thing which the obligor must deliver to the obligee. (obligation to give)

Ks that in which the subject matter is an act to be done or not to be done. (obligation to do or not to do)

There are two (2) kinds of personal obligation:

Source of Obligation

Refer to all other laws not contained in the Civil Code.

Refers to obligations arising from law.

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

KINDS OF QUASI-CONTRACTS

It is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.

It 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.

It 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.

A thing is said ___________ particularly designated or physically segregated from others of the same class

Thing is ____________ when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity.

Different Kinds of Fruits

This kind of fruits are the spontaneous products of the soil, and the young and other products of animals.

This kind of fruits are those produced by lands of any kind through cultivation or labor.

This kind of fruits are those derived by virtue of a juridical relation.

The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery arises.

Kinds of Right

Is the right or interest of a person over a specific thing (like ownership, possession, mortgage), without a definite passive subject against whom the right may be personally enforced.

Is the right or power of a person (creditor) to demand from another (debtor), as a definite passive subject, the fulfillment of the latter's obligation to give, to do, or not to do.

Are the fruits of a thing or additions to or improvements upon a thing (the principal).

Are things joined to or included with the principal thing for the latter's embellishment, better use, or completion.

Note that while accessions are not necessary to the principal thing, the accessory and the principal thing must go together.

Meaning of Delay

is merely the failure to perform an obligation on time.

is the failure to perform an obligation on time which failure constitutes a breach of the obligation.

Kind of Delay, Default, or Mora

or the delay on the part of the debtor to fulfill his obligation (to give or to do);

or the delay on the part of the creditor to accept the performance of the obligation; and

Or the delay of the obligors in reciprocal obligations (like in sale), i.e., the delay of the obligor cancels the delay of the obligee. and vice-versa. The net result is that there is no actionable default on the part of both parties.

When demand is not necessary to put debtor in delay.

Monetary compensation for loss or injury to a person caused by the wrongful act of another

(deceit or dolo). As used in Article 1170, it is the deliberate or intentional evasion of the oral fulfillment of normal fulfillment of an obligation.

Types of Fraud

(fault or culpa). It is any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillment of an obligation.

This is the violation of the terms and conditions stipulated in the obligation without justifiable excuse or reason. The contravention must not be due to a fortuitous event or force majeure.

GROUNDS FOR LIABILITY:

KINDS OF NEGLIGENCE according to source of obligation:

Negligence in contracts resulting in their breach.

or negligence which by itself is the source of an obligation between the parties not so related before by any pre-existing contract. It is also called tort or quasi-delict (Art.1162; see Art. 2176.); and

or negligence resulting in the commission of a crime.

is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.

FACTORS TO BE CONSIDERED in determining the issue of negligence:

is any event which cannot be foreseen, or which, though foreseen, is inevitable. — Stated otherwise, it is an event which is either impossible to foresee or impossible to avoid.

Fortuitous event distinguished from force majeure.

Strictly speaking, fortuitous event is an event independent of the will of the obligor but not of other human wills.

They refer to what is called majeure or those events which are totally independent of the will of every human being.