Scribd
Upload
6 views

rfbt

Articles 1156 to 1160 of the Civil Code of the Philippines outline the definition, sources, and principles of obligations, emphasizing their legal enforceability. Obligations can arise from law, contracts, quasi-contracts, criminal acts, and negligence, and must be fulfilled in good faith. These articles establish a framework to ensure fairness and legal certainty in both contractual and non-contractual obligations.

Uploaded by

Franzane Daphnie Quitoriano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
6 views

rfbt

Articles 1156 to 1160 of the Civil Code of the Philippines outline the definition, sources, and principles of obligations, emphasizing their legal enforceability. Obligations can arise from law, contracts, quasi-contracts, criminal acts, and negligence, and must be fulfilled in good faith. These articles establish a framework to ensure fairness and legal certainty in both contractual and non-contractual obligations.

Uploaded by

Franzane Daphnie Quitoriano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Full Discussion on Articles 1156 to 1160 of the Civil Code of the

Philippines

These articles fall under Title I – Obligations, Chapter 1 – General Provisions of the Civil
Code of the Philippines, which defines and explains the fundamental principles governing
obligations.

Article 1156 – Definition of Obligation


"An obligation is a juridical necessity to give, to do, or not to do."

Explanation:

 This article provides the legal definition of an obligation.


 It emphasizes that an obligation is a legal duty enforced by law.
 The term "juridical necessity" means that if an obligation is not
fulfilled, the creditor can seek legal remedies to compel the debtor to
comply.

Elements of an Obligation:

1. Active Subject (Creditor) – The one who has the right to demand
performance.
2. Passive Subject (Debtor) – The one who is bound to perform the
obligation.
3. Prestation (Object of Obligation) – The act or forbearance to be
performed.
4. Juridical Tie (Vinculum Juris) – The legal bond that binds the parties.
5. Cause or Consideration – The reason why the obligation exists.

Kinds of Obligations Under This Article:

1. Obligation to Give – Involves delivering a thing (e.g., paying a debt).


2. Obligation to Do – Requires the debtor to perform an act (e.g.,
rendering a service).
3. Obligation Not to Do – Requires the debtor to refrain from an act
(e.g., a non-compete agreement).
Article 1157 – Sources of Obligations
"Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions
punished by law; and (5) Quasi-delicts."

Explanation:

This article identifies the five legal sources from which obligations arise:

1. Law (Obligaciones Ex Lege)


o Obligations imposed by law, even without the consent of the
parties.
o Example: The obligation of parents to support their children
(Family Code).

2. Contracts (Obligaciones Ex Contractu)


o Obligations voluntarily agreed upon by parties through mutual
consent.
o Example: A lease contract where the tenant must pay rent.

3. Quasi-contracts (Obligaciones Ex Quasi-Contractu)


o Obligations that arise from lawful and voluntary acts that benefit
another.
o Example: Solutio Indebiti – When a person mistakenly pays
another who is not entitled to it, the recipient must return it.

4. Acts or Omissions Punished by Law (Obligaciones Ex Maleficio or Ex Delicto)


o Obligations that arise from criminal acts (crimes).
o Example: A person convicted of theft must return the stolen
goods or pay damages.

5. Quasi-delicts (Obligaciones Ex Quasi-Delicto or Ex Culpa)


o Obligations arising from negligence that causes damage to
another, even without a pre-existing contract.
o Example: A driver negligently hitting a pedestrian must
compensate for injuries.

Article 1158 – Obligations Derived from Law


"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."
Explanation:

 Obligations from law are not presumed. A person is bound by


legal obligations only when expressly provided by law.
 Examples of legal obligations include tax obligations (National
Internal Revenue Code) and support obligations (Family Code).
 These obligations do not require the consent of the parties and
exist because the law demands them.

Article 1159 – Obligations from Contracts


"Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith."

Explanation:

 A contract creates an obligation between parties that is legally


enforceable.
 Once a contract is validly formed, the parties are bound to comply
with its terms as if it were law.
 "Good faith" means honesty in fulfilling contractual obligations.

Example:

 If A agrees to sell a car to B for ₱500,000, A must deliver the car, and B
must pay the agreed amount.
 If A refuses to deliver, B can sue for specific performance or
damages.

Key Principle:

 This article follows the doctrine of "Pacta Sunt Servanda", which


means "agreements must be kept."

Article 1160 – Obligations from Quasi-Contracts


"Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1,
Title XVII of this Book."
Explanation:

 A quasi-contract is an obligation that arises without a contract but


due to an act of fairness and justice.
 The obligation exists to prevent unjust enrichment at another’s
expense.

Types of Quasi-Contracts:

1. Negotiorum Gestio – When a person voluntarily manages another's affairs without


authority, the owner is obligated to reimburse necessary expenses.
o Example: If A takes care of B’s burning house while B is away, B
must reimburse A for necessary expenses.

2. Solutio Indebiti – When a person receives something not due to them, they must return
it.
o Example: If a bank mistakenly credits ₱10,000 to a customer’s
account, the customer must return it.

Conclusion
Articles 1156 to 1160 establish the foundation of obligations under Philippine civil law. They
define what an obligation is, its sources, and the legal principles governing different types of
obligations. These provisions ensure fairness and legal certainty in contractual and non-
contractual obligations.

Would you like additional case examples or further clarifications?

You might also like