Obligations and Contracts Audio Lecture

Obligations - juridical necessity to give, to do or not to do.

Natural obligations - voluntariness on the part of the debtor, but the
debtor cannot anymore demand to return what he gave up.
Moral obligation - in case there is non performance of obligation, you
cannot go to court, and find action for specific performance. Examples, for
catholics, it is their moral obligation to hear mass every sunday.

Elements of obligation:
First, there should be the parties. The active subject and the passive subject.
Second, object.
Third, the juridical tie.
Who is an active subject in obligation? Creditor, the passive subject is the
debtor.
Why? Because the creditor has the righ to go to court in case there is nonperformance of obligation of the debtor.
The object - refers to the prestation. The prestation is the conduct to be
performed by the passive subject. Prestation involves, to give, to do, or not to
do.

Obligation to be valid, the object should be (for an object to be valid):

Determinate, Useful, Lawful, Assessible in Money, Possible. (DULAMP)
RE: Contracts - if object is unlawful, the contract is void.

Juridical tie - in case of non-performance, you can go to court, and file an

action for specific performance.

Kinds of ObligationsAccording to perculiarities of prestation

Pure obligation

Obligation with condition

Obligation with period

According to number of parties

Joint obligation
Solidary obligation

According to prestations to be rendered

Individual obligation (one prestation involved)
Multiple obligation: Alternative obligation and facultative obligation

According to the quality of the object

Positive
Negative
Specific - determinate
Generic - indeterminate
Divisible - whether it can be performed partially
Indivisible - cannot be partially performed
Principal - these kind of obligation should be connected to a contract which is
source of obligation. It arises from principal contract. Example, simple
mutuum. The obligation to pay is the principal obligation.
Accessory - arises from accessory contract. Example, pledge, or guanratees.

Sources of obligation
1. Law
2. Contracts
3. Quasi-Contracts

4. Delicts
5. Quasi-delicts

Obligations arises from lawUnder the family code, there is an obligation to support. Also, payment of
taxes.
Quasi-contracts it is quasi-contract because the parties do not have meeting of the minds.
There is no consent between the parties, but because one is benefited
because of an act of another, the other person has the obligation to pay
compensation.
Negotiorium Gestio - Management of property of another person, and through
that act, he was able to save the property, the owner of the property has the
obligation to pay damages.