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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.