Juridical Necessity - Legally enforceable
Natural and Moral Obligation - Not enforceable- the remedy is not to go to court
dictated by conscience
what is just and acceptable
obligation to pay- civil obligation -later A has the right to demand payment.
obligation arising from cntracts - Oral - must be enforce in 6 years
obligation arising from contracts- in writing- must be enforce in 10 years
After prescription civil obligation will be converted to natural obligation - not enforceable to court.
civil obligation
Requisites
Parties
Active Subject- Creditor/Obligee
Passive Subject - Debtor/Obligor
Prestation- object of the obligation/Subject Matter
Efficient Cause - Juridical Legal Tie.
Connecting link/ Vineclum
Obligation to Give- Positve obligation
real obligation - need of delivery
Object - certain ( Determinate)-Specific
capable of being made determinate without need of further agreement- Generic ( indeterminate)
A fails to deliver - with demand ( Determinate thing)
Remedies
1.ask the court to require A to deliver- Ask for specifice performance
2. A to pay damages - because there is delay ( ther is delay because there is demand)
Can be look for another person to deliver? ( NO)- determinate thing
A delivers a horse to C. Is the Obligation Extinguish? ( Pwede Yes, pwede no) WHY?
indeterminate thing
best answer
A delivers a horse that is neither superior nor inferior in quality for the obligation of A to be extinguished
If A fails to deliver. Can C go to Court? YES
1. ask for specific performance
2. Pay damages because ther is delay
3. will require another person to deliver - Generic thing
NOTE : Regardless of wether specific or generic thing . The creditor/obligee can go to court and ask for
specific performance
TO DO
Positive and Personal
Obligation to do arising from contracts or agreement.
Example
A agreed to paint the portrait of B.
B demands fulfillment of the obligation
A paints the portrait of B. Is the Obligation of A extinguished? ( Probably Yes, Probably No)
Best answer
How was it done?
if it is properly done, then the obligation is extinguished.
if it is poorly done it should be undone to the expense A.
What if A refuses to paint. What should B do?
Can B go to court and compel A to paint? NO
Compelling a person to do an act against its will is involuntary servitude ( civil obligation)
Although A may not be sued by B for not doing specific performance. B is allowed still to go to court to
require A to pay damages because there is a breach of contract.
what if B don’t want to go to court? Look for another person capable of painting the portrait.
Obligation to do arise from Law
Example
A is the registrar of Deeds. Obligation of A to record and transfer titles of Land
S sells land to B. B pays.
Title over the land necessarily in the name of S. B will want to transfer to him. B demands the transfer of title
in the name of B
Goes to A - A transfers title in the name of B. the obligation of A to B extinguish
What if? A Does not want to( Fails to transfer title)assuming that B already comply with the necessary
requirements.
B goes to court asking for specific performance. ( YES it is pwede)not involuntary servitude
In this case, Obligation to do by A arise from law so B can compel A for specific performance
OBLIGATION NOT TO DO
- Negative personal Obligation
- the obligation here is don’t do.
Mango Tree Example
There are branches hanging over your land
you want to cut all the branches and take all the fruits.Do you have the rights to cut the branches of
the mango tree and get its fruits?
Answer: NO, obligation not to do. You don’t have the right to destroy property of another (
Malicious Mischief)
You don’t own airspace but you have the right.
You don't own your airspace but you have the right over your airspace.
When can you say that it is yours?
1 wait for the fruits and the branches to fall( By nature - Kusang na laglag)
you can cut the roots if it is attached in your land.
LAW
SOURCES OF OBLIGATION
CONTRACTS
LAW - Obligations arises from law Cannot be presumed, there should be a law.
( dapat gi ingun jud sa balaod)
QUASI CONTRACT
DELICTS
QUASI DELICTS
These 3 obligations derived from Law
CONTRACTS -Meeting of mind ( There is an offer and acceptance ( express or Implied ))
QUASI CONTRACT - no meeting of minds
as if there is contract( parang may contract pero actually wala )
Why there is an obligation?
because there is a lawful act, voluntary and unilateral and this act resulted to a benefit.
And the person who benefited is required to reimburse so that no one shall be unjustly enrich at the
expense of another.
SOLUTIO INDEBETI