Name: Ma. Mabel S. Austria
Section: BSA 1-1
Date: 10/29/2022
Quiz 1
Q1. What is an Obligation?
Answer:
According to Article 1156 of the Civil Code of the Philippines, an obligation is a
responsibility and duty given to an obligor or debtor. This duty compels them to do, not to do, or
give something to the obligee or creditor as a part of their role in an agreement. In the legal
context, obligation means having to carry out the commitments made in a contract, promise,
statute, oath, or vow. If the legal sense of obligation is being talked about, it is governed by the
civil law and is considered as a juridical necessity. Obligation could be bounded by a bilateral
contract by which both parties are expected to perform their respective duties in an agreement.
It could also be sealed through a unilateral agreement which involves only one party having the
obligation.
Q2. What are the essential requisites of an obligation? Explain each of them.
An obligation is to be legally assisted by the courts of justice if the four necessary
elements thereof were present as per defined by the Article 1156 of the Civil Code. These four
elements consisted of the passive subject, active subject, object or prestation, and the juridical
tie.
The passive subject is also known for its label as “the debtor/obligor”. The debtor is the
one who owns a duty to fulfill in order to comply with his role in an agreement or contract. The
passive subject is expected to perform his duty of not violating the rights of the creditor. If the
passive subject failed to do his obligation/s he will face negative legal consequences.
On the other hand, the active subject is also called the creditor or the obligee. He has
the right to demand the fulfillment of the obligation from the obligor. This right was given to him
through a contract of agreement which the court expects him not to abuse. If the rights of the
active subject are violated by the obligor, he could permit the legal council to enforce the law.
While, the object or prestation is the subject matter that the agreement of both parties
are expected to be performed by either one or both parties. It is the duty itself that the debtor
needs to be observed.