UPDATED DISCUSSION: What is an Obligation? Obligations and Contracts General Provision. Part 1.

Summary

This video script delves into the legal concept of obligations as outlined in the Civil Code of the Philippines, specifically Article 1156. It distinguishes between civil, natural, and moral obligations, emphasizing the juridical necessity of civil obligations to give, do, or refrain from doing something. The script explores the elements of an obligation, including the active and passive subjects, the object, and the vinculum juris. It also categorizes obligations based on performance, subject matter, and the person obliged, providing examples to clarify each type. The discussion aims to provide a foundational understanding of obligations in the context of Philippine law.

Takeaways

• 📜 The script discusses the concept of obligations and contracts, focusing on the legal provisions in the Philippines' Civil Code, particularly Article 1156.
• 🏛 An obligation is defined by Article 1156 as a 'juridical necessity to give, to do, or not to do,' which is legally enforceable and can result in legal consequences if not fulfilled.
• 🚗 The script uses the example of a car purchase to illustrate an obligation, where the buyer is obliged to pay and the seller to deliver the car.
• 📍 The difference between 'determinate' and 'indeterminate' things in obligations is highlighted, with determinate things being specifically designated or segregated.
• 🔑 Obligations to give a determinate thing require the debtor to deliver the same, take care of it, deliver all accessions and accessories, and pay damages in case of breach.
• 🚪 In contrast, obligations to give an indeterminate thing require the debtor to deliver a thing of neither superior nor inferior quality and to pay damages in case of breach.
• 🔨 The script explains 'obligation to do,' which involves rendering works or services, such as fixing a car, as an agreement to perform a specific task.
• 🙅‍♂️ 'Obligation not to do' refers to refraining from certain actions, exemplified by an agreement not to sell a car for a specified period.
• 🔑 The elements of an obligation include the active subject (creditor), passive subject (debtor), object (subject matter of the obligation), and the vinculum juris (legal tie binding the parties).
• 🏛️ The script differentiates between civil, natural, and moral obligations, with civil obligations being legally enforceable, natural obligations being based on equity and natural law, and moral obligations being conscience-driven.
• 📚 The kinds of obligations are further classified based on performance (positive or negative), subject matter (real or personal), and persons obliged (unilateral or bilateral).

Q & A

What is the primary law governing obligations and contracts in the Philippines?

The primary law governing obligations and contracts in the Philippines is the Republic Act No. 386, also known as the Civil Code of the Philippines, specifically Article 1156 to Article 1422.

What is the legal definition of an obligation according to Article 1156?

According to Article 1156, an obligation is a juridical necessity to give, to do, or not to do.

What differentiates civil obligations from moral and natural obligations?

Civil obligations are legally demandable and enforceable in court, whereas moral and natural obligations are not based on positive law but on equity, natural law, and conscience, and do not provide a right of action to compel performance.

What is the meaning of 'juridical necessity' in the context of obligations?

'Juridical necessity' means that the obligation is legally demandable, and if not fulfilled, it can lead to legal consequences, allowing the aggrieved party to file a case in court.

What are the obligations of a debtor in an obligation to give a determinate thing?

In an obligation to give a determinate thing, the debtor is obliged to deliver the same, take care of the thing with the diligence of a good father of a family, deliver all accessions and accessories, and pay damages in case of breach of the obligation.

What is the difference between a determinate and an indeterminate thing in the context of obligations?

A determinate thing is one that is particularly designated or physically segregated from others of the same class, such as a car with a specific plate number. An indeterminate or generic thing is not specifically designated and could be any member of a class, such as a car without specifying the make or model.

What are the obligations of a debtor in an obligation to give an indeterminate thing?

In an obligation to give an indeterminate thing, the debtor is obliged to deliver a thing of neither superior nor inferior quality and to pay damages in case of breach of the obligation.

What is an obligation to do, and can you provide an example?

An obligation to do refers to an agreement to render work or service. An example would be an agreement where one party agrees to fix another party's car.

What is an obligation not to do, and can you provide an example?

An obligation not to do means refraining from doing certain acts. An example is an agreement where one party is prohibited from selling a car given by another party for a specified period, such as five years.

What are the four essential elements of an obligation?

The four essential elements of an obligation are the active subject (the person entitled to demand fulfillment), the passive subject (the person bound to fulfill the obligation), the object (the subject matter of the obligation or the conduct required), and the cause (the legal tie that binds the parties to the obligation).