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    Art 1156

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    KEWK
    This document discusses the essential elements of an obligation under civil law: 1) A passive subject (debtor) who has a duty to give, do, or not do something. 2) An active subject (creditor) who has the right to demand fulfillment of the obligation. 3) An object or required conduct that forms the substance of the obligation. 4) A legal tie between the parties that binds them to the obligation, such as a law, contract, or crime. Obligations enforceable in court are called civil obligations and create rights for the creditor to demand performance.

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    Art 1156

    Uploaded by

    KEWK
    13 views2 pages
    This document discusses the essential elements of an obligation under civil law: 1) A passive subject (debtor) who has a duty to give, do, or not do something. 2) An active subject (creditor) who has the right to demand fulfillment of the obligation. 3) An object or required conduct that forms the substance of the obligation. 4) A legal tie between the parties that binds them to the obligation, such as a law, contract, or crime. Obligations enforceable in court are called civil obligations and create rights for the creditor to demand performance.

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    Oblicon notes

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    ART 1156

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    This document discusses the essential elements of an obligation under civil law: 1) A passive subject (debtor) who has a duty to give, do, or not do something. 2) An active subject (creditor) who has the right to demand fulfillment of the obligation. 3) An object or required conduct that forms the substance of the obligation. 4) A legal tie between the parties that binds them to the obligation, such as a law, contract, or crime. Obligations enforceable in court are called civil obligations and create rights for the creditor to demand performance.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    13 views2 pages

    Art 1156

    Uploaded by

    KEWK
    This document discusses the essential elements of an obligation under civil law: 1) A passive subject (debtor) who has a duty to give, do, or not do something. 2) An active subject (creditor) who has the right to demand fulfillment of the obligation. 3) An object or required conduct that forms the substance of the obligation. 4) A legal tie between the parties that binds them to the obligation, such as a law, contract, or crime. Obligations enforceable in court are called civil obligations and create rights for the creditor to demand performance.

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    © All Rights Reserved
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    ARTICLE1156.

    An obligation is a juridical
    necessity to give, to do or not to do. (n)
    3. OBJECT OR PRESTATION (subject
    NATURE OF OBLIGATION UNDER THE matter of the obligation) or the
    CIVIL CODE conduct required to be observed by
    Civil Obligation the debtor.

     Obligations that give the creditor a  May consist in giving,


    right under law to enforce their doing, or not doing
    performance in court of justice.  Without the prestation, there
    is nothing to perform.
    Natural Obligation

     Do not grant a right of action to 4. A JURIDICAL OR LEGAL TIE (also


    enforce their performance although called efficient cause) or that which
    in case of voluntary fulfillment by the binds or connects the parties to
    debtor, the latter may not recover the obligation
    what has been delivered or rendered  The tie in an obligation can
    by reason thereof. easily be determined by
    knowing the source of the
    Four (4) essential elements/requisites of obligation.
    an obligation  Sources of obligation
     Law
    1. PASSIVE SUBJECT (Debtor or
     Contracts
    obligor) - he who has the duty of
     Quasi-contracts
    giving, doing, or not doing
     Delicts or crime
     Quasi-delicts
     Must comply with his
    obligation whether he likes it Obligation is a juridical necessity because
    or not in case of non-compliance, the courts of
     The person who is bound to justice may be called upon to enforce its
    the fulfillment of the fulfillment
    obligation; he who has a
    duty. Obligations which give to the creditor or
    obligee a right of action in courts of justice
    2. ACTIVE SUBJECT (Creditor or to enforce their performance are known as
    obligee) - he who has the right to civil obligations.
    the performance of the obligation for
    the violation of his rights.

     The person who is entitled to


    demand the fulfillment of
    the obligation; he who has a
    right.
    OBLIGATION, RIGHT, AND WRONG  the recompense or compensation
    (CAUSE OF ACTION) DISTINGUISHED awarded or recoverable for the
    damage or loss suffered.
    (1) Obligation is the act or performance
    which the law will enforce EXISTENCE OF ONE WITHOUT THE
    OTHER
    (2) Right is the power which a person has
    under the law, to demand from another any Note: There may be injury without damage
    prestation. and damage without injury.

    (3) A wrong (cause of action), is an act or (1) Proof of loss for injury. — A wrongful
    omission of one party in violation of the violation of his legal right is not sufficient to
    legal right or rights of another, causing entitle a person to sue another in a court of
    injury to the latter; justice.

    Note: Cause of action is not the same as  there must be, in addition, loss or
    obligation. damage caused to him by the
    violation of his right
    Note: Subject matter is not the same as
    obligation. (2) Liability for damages of a person for
    exercising his legal rights. — A person has
    What is SUBJECT MATTER?
    the right to take all legal steps to enforce
     Refers to the ITEM which is the his legal and/ or equitable rights
    source of the controversy.
     One who makes use of his legal
    What is CAUSE OF ACTION? right does no injury
     If damage results from a person’s
     Is the act or omission that is in exercising his legal rights, it is
    violation of the legal right or rights of damage without injury
    another.
    NOTE: In other words, in order that the law
    INJURY, DAMAGE, AND DAMAGES will give redress for an act (or omission)
    DISTINGUISHED causing damage, that act must be not only
    hurtful, but wrongful.
    Injury is the illegal invasion of a legal right;
    it is the wrongful act or omission which
    causes loss or harm to another

     is the legal wrong to be redressed

    Damage is the loss, hurt, or harm which


    results from the injury.

    Damages denote the sum of money


    recoverable as amends for the wrongful act
    or omission.

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