OBLIGATIONS
Obligation, concept
An obligation is a juridical necessity to give, to do or not to do. Juridical necessity means tat the court
may be asked to order the performance of an obligation if the debtor refuses to perform it. If an
obligation cannot be enforced through the courts, it may be disregarded with impunity.
REQUISITES OF OBLIGATION
1.
2.
3.
4.
Active subject – creditor/ obligee
Passive Subject – debtor/ obligor
Prestation – subject; may consist of giving, doing, not doing
Efficient Cause- vinculum/ legal or juridical tie; may be any of the five sources of obligation
CIVIL OBLIGATION & NATURAL OBLIGATION distinguished
1. Civil Obligation- based on positive law, hence enforceable by court action.
2. Natural Obligation – based on natural law, hence NOT enforceable by court action. Obligation
exists in equity and moral justice, such that if the debtor voluntarily performs it, he can no longer
recover what he has given.
SOURCES OF OBLIGATION
1. LAW
2. CONTRACTS
3. QUASI- CONTRACTS –
4. DELICT
5. QUASI – DELICTS