General Provisions Essay

An obligation is a juridical necessity to give, to do, or not to do. JURIDICAL NECESSITY juridical tie connotes that in case of noncompliance, there give be legal sanctions. An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court. A contract necessarily gives rise to an obligation but an obligation does not always need to have a contract. KINDS OF OBLIGATION A. From the point of view of sanction 1. CIVIL OBLIGATION that defined in Article 1156 an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through and through action based on law the sanction is judicial due process2. NATURAL OBLIGATION defined in Article 1423 a particular(a) kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debitor based on equity and natural law. (i.e. wh en there is prescription of duty to pay, still, the obligor paid his dues to the obligee the obligor cannot recover his payment even there is prescription) the sanction is the law, but entirely conscience had originally motivated the payment.3. MORAL OBLIGATION the sanction is conscience or morality, or the law of the church. (Note If a Catholic promises to hear mass for 10 consecutive Sundays in order to receive P1,000, this obligation becomes a civil one.) B. From the viewpoint of subject matter -1. REAL OBLIGATION the obligation to give 2. individualised OBLIGATION the obligation to do or not to do (e.g. the duty to paint a house, or to refrain from committing a nuisance)