ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do. Meaning of juridical necessity Obligation is a juridical necessity because in case of non-compliance, the courts of justice may be called upon to enforce its fulfi llment or, in default thereof, the economic value that it represents Elements of an Obligation (derived from the Latin “obligare” — to bind) (a) An active subject (called the obligee or creditor) — the possessor of a right; he in whose favor the obligation is constituted. (b) A passive subject (called the obligor or debtor) — he who has the duty of giving, doing, or not doing. (c) The object or prestation (the subject matter of the obligation). (d) The Juridical tie (the vinculum or efficient case) — the reason why the obligation exists. Obligation, right, and wrong (cause of action) distinguished. (1) Obligation is the act or performance which the law will enforce. (2) Right, on the other hand, is the power which a person has under the law, to demand from another any prestation. (3) A wrong (cause of action), according to its legal meaning, is an act or omission of one party in violation of the legal right or rights of another, causing injury to the latter. Kinds of obligation from the viewpoint of subject matter 1) real obligation — the obligation to give 2) personal obligation — the obligation to do or not to do ART. 1157. Obligations arise from: (1) Law; imposed by the law itself (2) Contracts; arise from the stipulation of the parties (3) Quasi-contracts; by mistake or which is not due.
(4) Delicts; and arise from civil liability which is the consequence of a criminal offense (5) Quasi-delicts. arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.
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 them; and as to what has not been foreseen, by the provisions of this Book. Obligations Ex Lege Article 1158 refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable, they must be clearly set forth in the law, i.e., the Civil Code or special laws. ART. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Obligations Ex-Contractu While obligations arising from a contract have the force of law between the parties, this does not mean that the law is inferior to contracts. Innominate Contracts: For want of an express name, the following are termed “contratos innominados”: (a) Do ut des — I give that you may give. (b) Do ut facias — I give that you may do. (c) Facio ut des — I do that you may give. (d) Facio ut facias — I do that you may do.
