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.

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

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.

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.

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

(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.

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.

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)

Kind of Delay, Default, or Mora

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.

is merely the failure to perform an obligation on time.

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

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

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

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.

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

FACTORS TO BE CONSIDERED in determining the issue of negligence:

GROUNDS FOR LIABILITY:

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

When demand is not necessary to put debtor in delay.

Meaning of Delay

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.

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.

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

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

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

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

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

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

(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.

is the act or performance which the law will enforce.

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

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

There are two (2) kinds of personal obligation:

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.

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

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

Negligence in contracts resulting in their breach.

Fortuitous event distinguished from force majeure.

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

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

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:

Types of Fraud

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

Essential Requisites Of An Obligation

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.

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

Source of Obligation

Different Kinds of Fruits

KINDS OF NEGLIGENCE according to source of obligation:

Kinds of Right

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

KINDS OF QUASI-CONTRACTS

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

Refers to obligations arising from law.

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

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