OBLIGATIONS AND CONTRACTS

TITLE 1 - OBLIGATION

b. Causa (causa debendi/causa

obligationes):
why obligation exists
SOURCES OF OBLIGATION

Art. 1156. An obligation is a juridical

necessity
to give, to do or not to do. (n)
CHAPTER 1. GENERAL PROVISIONS
See Arts. 1156 - 1162
ELEMENTS OF AN OBLIGATION:
1. Active subject (obligee/creditor):
one in whose
favor the obligation is constituted
2. Passive subject (obligor/debtor): one
who has
the duty of giving, doing or not doing
3. Object: prestation; the conduct
which has to be
observed by the debtor/obligor
REQUISITES
1. it must be licit (otherwise it is void)
2. it must be possible, physically and
juridically
(otherwise it is void)
3. it must be determinate or
determinable
(otherwise it is void)
4. it must have pecuniary value
a. Vinculum Juris: juridical/legal tie;
binds the
parties to the obligation

Art. 1157. Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law;
and
(5) Quasi-delicts. (1089a)
LAW (OBLIGATION EX LEGE)
Must be expressly or impliedly set
forth and
cannot be presumed
CONTRACT (OBLIGATION EX
CONTRACTU)
Must be complied with in good faith
it is the law between parties
neither party may unilaterally evade
his obligation
in the contract, unless:
a. Contract authorizes it
b. Other party assents
Parties may freely enter into any
stipulations
provided they are not contrary to law,
morals,
good customs, public order or public
policy