General Provisions, A1156 Civil Code

1. Concepts

Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n) (CIVIL CODE)

Obligation – refers to a juridical necessity to do or not to do. (CIVIL CODE, Article 1156)

Juridical necessity – refers to legal obligation or compulsion.

Under this Article, the obligation being defined is a legal obligation as opposed to other obligations, such as moral, ethical, spiritual obligations. The main difference between a legal obligation and these other forms of obligations is that a legal obligation can be enforced via legal processes and through competent authorities.

a. Elements of an obligation

The elements of an obligation:

1) The vinculum juris or juridical tie;

2) The object; and

3) The subject-persons. (The Wellex Group, Inc. v. U-Land Airlines, Co., Ltd., G.R. No. 167519, 14 January 2015, Per Leonen, J.)

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b. Sources of obligations

Article 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a) (CIVIL CODE)

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References

Chapter 1 – General Provisions, Title I, Book IV, Republic Act No. 386, Civil Code

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