Here's a detailed obligation law reviewer covering fundamental concepts, types of
obligations, key principles, and cases.
### **Obligation Law Reviewer**
1. Definition and Elements of Obligation**
- **Obligation** is a legal tie or relation whereby a person (obligor) is bound to render
something to another (obligee).
- **Elements of an Obligation**:
1. **Active Subject** (Obligee) - the person who has the right to demand fulfillment
of the obligation.
2. **Passive Subject** (Obligor) - the person bound to perform or deliver.
3. **Prestation** - the subject matter of the obligation (e.g., to do, to give, or not to
do something).
4. **Juridical Tie** - the legal reason or basis that binds the parties (e.g., law,
contract, quasi-contract, delict, or quasi-delict).
---
#### **2. Sources of Obligation**
- **Law** - obligations arising directly from laws.
- **Contracts** - obligations established by an agreement between parties.
- **Quasi-Contracts** - obligations arising from lawful, voluntary, and unilateral acts,
creating a juridical tie.
- **Delicts (Crimes)** - obligations arising from criminal offenses, leading to liability
for damages.
- **Quasi-Delicts** - obligations arising from damage caused to another through fault
or negligence but without criminal intent.
---
#### **3. Types of Obligations**
1. **Pure and Conditional Obligations**
- **Pure Obligation**: Has no conditions and is immediately demandable.
- **Conditional Obligation**: Depends on the occurrence of a future or uncertain
event.
2. **Obligations with a Period**
- **With a Term or Period**: Fulfillment is dependent on a certain future event.
- **Suspensive Period**: Obligation only arises upon the arrival of the period.
- **Resolutory Period**: Obligation ends upon the arrival of the period.
3. **Alternative and Facultative Obligations**
- **Alternative Obligation**: The obligor can choose to perform one of two or more
prestations.
- **Facultative Obligation**: Only one prestation is due, but the obligor may
substitute it with another.
4. **Joint and Solidary Obligations**
- **Joint Obligation**: Each debtor is liable only for their portion.
- **Solidary Obligation**: Each debtor can be held liable for the entire obligation.
5. **Divisible and Indivisible Obligations**
- **Divisible Obligation**: Can be partially performed without affecting the
obligation.
- **Indivisible Obligation**: Cannot be partially fulfilled due to the nature of the
prestation.
---
#### **4. Key Principles Governing Obligations**
1. **Fortuitous Events** - Obligor is generally not liable if failure to fulfill the obligation
is due to an unforeseen and unavoidable event.
2. **Diligence in Fulfillment** - Generally, the obligor must exercise the diligence of a
good father of a family unless a higher degree is specified.
3. **Fraud and Negligence**
- **Fraud**: Deliberate intention to evade fulfillment, which makes obligor liable
regardless of the nature of the obligation.
- **Negligence**: Failure to exercise due diligence, which may lead to liability unless
the obligor can show an exemption.
4. **Delay (Mora)**
- **Mora Solvendi**: Delay by the debtor.
- **Mora Accipiendi**: Delay by the creditor.
- **Compensatio Morae**: Mutual delay of both parties.
5. **Compensation and Confusion**
- **Compensation**: Extinguishment of debts when two parties are both creditors
and debtors to each other.
- **Confusion**: Obligation is extinguished when the qualities of the creditor and
debtor are merged in one person.
6. **Novation** - Extinguishing of an obligation by changing its object, conditions, or
parties.
---
#### **5. Extinguishment of Obligations**
1. **Payment or Performance** - Fulfillment of the prestation, either by the debtor or
by a third party.
2. **Loss of the Thing Due** - If the specific object of the obligation is destroyed or
lost, the obligation may be extinguished, except when due to the obligor's fault.
3. **Condonation or Remission** - The creditor forgives or condones the obligation.
4. **Confusion or Merger** - When the debtor and creditor are the same person.
5. **Compensation** - Offset when two parties owe each other amounts.
6. **Novation** - Substitution or modification of an obligation by introducing a new
one.
