Law on obligations

Is a juridical necessity to give, to do or not to do

Elements of obligation

Obligations arise from

Different kinds of obligations

Article 1158

Article 1163

-Every obligations whose performance does not depend upon a future or uncertain event or upon a past event unknown to the parties, is demandable at once

-Every obligations that contains resolutory conditions shall also be demandable, without prejudice to the effects of the happening of the events.

it is the one that extinguishes the effectiveness of a contract already consented to be based on the occurrence of an event that is also future and uncertain at the time of contracting.

for example, I will sell you my crop of cotton, if my ship America does not arrive in the United States, within six months. My ship arrives in one month, my contract with you is revoked.

one that makes the effectiveness of a contract and the enforceability of the obligations arising from it depending on a future and uncertain event as to the day, so that its full legal effects do not occur until the same is fulfilled.

For example: A agrees to buy B’s car if she can get a loan

Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes

A person alternatively bound by different prestation shall completely perform one of them

The creditor cannot be compelled to receive part of one and part of the other undertaking

The concurrence of two or more creditor or of two or more debtors in one and the same obligation does not imply that each of the former has the right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.

The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of chapter 2 of this title

The penalty shall substitute the indemnity for damages and the payment of interest in case of non compliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation

Article 1231: Obligations are extinguished:

payment means not only the delivery of money but also the performance in any other manner of an obligation

a debt shall not be understood to have been paid, unless the thing or service which the obligation consist has been completely delivered or rendered as the case may be

dation in payment, whereby property is alienated to the creditor in satisfaction of debt in money shall be governed by the law of sales

The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines

obligation is extinguished if lost or destroyed without the fault of the debtor and before he has incurred in delay.

is essentially gratuitous and requires the acceptance by the obligor. It may be made expressly or impliedly

The obligation is extinguished from the time the characteristics of the debtor and creditor are merged in the same person

shall take place when two persons in their own right are creditor and debtor of each other

Section 6 Article 1291 obligations can be modified by:

coins or banknotes must be accepted if offered to a payment of debt