THE AWESOME NOTES OBLIGATION Page of 1 27 OBLIGATION; defined ART. 1156 an obligation is a juridical necessity to give, to do or not to do ESSENTIAL REQUISITES OF OBLIGATION 1. a juridical or legal tie; which binds the parties to the obligation and which may arise either from bilateral or unilateral acts of persons 2. an active subject; known as the creditor or obligee, who can demand the fulfillment of the obligation 3. a passive subject; known as the debtor or obligor, from whom the obligation is juridically demandable 4. the fact, the prestation or service; which constitutes the object of the obligation DIFFERENT KINDS OF PRESTATION 1. to give 2. to do; and 3. not to do NOTE • obligation not to give is already included in obligation not to do • philippine definition of obligation is only limited to obligation and does not include a right. for this, no one can be compelled to exercise a right, and a right is waivable while an obligation is not. CLASSIFICATION OF OBLIGATION THE FF ARE SOUCES OF OBLIGATION 1. law 2. contracts 3. quasi-contracts 4. delicts; acts or omissions punishable by law 5. quasi-delicts OBLIGATION DERIVED FROM LAW ARE NOT PRESUMED TEST IN DETERMINING WHETHER AN OBLIGATION IS DERIVED FROM LAW OR NOT AN OBLIGATION IS DERIVED FROM LAW; when there is a law establishing the obligation and the act or condition upon which it is based is nothing more than a factor for determining the moment when it becomes demandable AN OBLIGATION IS DERIVED FROM OTHER SOURCES (OTHER THAN LAW); when the law merely recognizes or acknowledges the existence of an obligation generated by an act which may constitute a contract, quasi-contract, delict or quasi-delict, and its only purpose is to regulate such obligation FF OBLIGATIONS ARE DERIVED FROM LAW 1. ART. 2014; no action can be maintained by the winner for the collection of what he has won in a game of chance. but any loser in a game of chance may recover his loss from the winner , with legal interest from the time he paid the amount lost, and subsidiarily from the operator or manager of the gambling house. 2. ART. 291; obligation of the spouses to support each other 3. WORKMEN'S COMPENSATION ACT; in re: obligation of the employer 4. ART. 634; obligations of the owners of the dominant and servient estates in legal easements 5. others.... Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes AAA - BASTE / ATB prepared by: ronie ablan PRELIMINARY SOURCES OF OBLIGATION