What is an obligation under article 1156?
Asked by: Janet Wilkinson | Last update: February 3, 2026Score: 4.1/5 (65 votes)
Under Article 1156 (likely referring to the Philippine Civil Code), an obligation is a juridical necessity to give, to do, or not to do, meaning a legal duty enforceable by law, unlike moral or ethical duties. This "juridical necessity" allows courts to compel performance or award damages if the debtor fails to meet their commitment, which can involve delivering a thing (giving), performing an act (doing), or refraining from an act (not doing).
What is obligation according to article 1156?
Art. 1156. An obligation is a juridical necessity to give, to do or not to do. An obligation needs to be juridical in nature in order for it to have the force of law.
What is the legal definition of obligation?
The term “obligation” means a duty to do or not to do something. In its legal sense, obligation is a civil law concept. An obligation can be created voluntarily, such as one arising from a contract, quasi-contract, or unilateral promise.
What are the key concepts in article 1156?
It is a juridical relation whereby a person (creditor) may demand another (debtor), the observance of determinative conduct (to give, to do, or not to do), and in case of breach, may demand the satisfaction from the assets of the latter.
What constitutes an obligation?
An obligation is a legal relationship between two or more persons. An obligation exists when: (1) an obligor (debtor) owes a performance in favor of an obligee (creditor); and (2) the performance or duty is legally enforceable.
What Is An Obligation? | Obligation Meaning | Civil Code Article 1156
What are the three types of obligation?
Absolute obligation involves unconditional terms, while contractual obligation stems from agreements between parties. Express obligation specifically states duties in an agreement, whereas moral obligation is based on right or wrong standards but isn't legally enforced.
What are the four elements of an obligation?
The essential elements of an obligation are critical to ensure its enforceability, and these elements are classified into active subject, passive subject, prestation, and juridical tie or vinculum juris.
What is the difference between an obligation and a contract?
Obligations are the legal ties that exist after a contract is formed, while contracts are one source of creating obligations. 3. For a contract to be valid it must have consent, an object, and cause, and not be contrary to law, morals, customs, public order or policy.
What is an example of obligation to do and not to do?
For instance, in a construction contract, a company might have the obligation to build a structure according to the agreed-upon plans and specifications. The obligations not to do involve the restriction of certain actions or activities by one of the parties.
What is considered a legal obligation?
Legal Obligation, also a legal duty, is defined as the legal duty of an individual to perform or not perform an action that is executed via the statute.
Is an obligation a must?
'Must' is the basic and most direct way of saying something is compulsory. It means you have no choice but to do (or not do) an action. We can only use 'must' in the present form to describe a general or permanent obligation, or an obligation in the near future.
Is an obligation legally binding?
Written obligations are contracts. They legally bind two people into an agreement. Each person becomes responsible for doing their part of the contract.
What is an obligation in real estate?
A real obligation refers to a legal duty associated with real property. It is a responsibility that corresponds to a real right, meaning that when a person exercises a right related to real estate, they have specific obligations to fulfill.
What are the modes of breach of obligation?
Under Article 1170, every breach of an obligation – by reason of fraud, negligence, delay, or contravention – entitles the injured party to damages, except in cases where delay is justified or when performance is rendered impossible due to a fortuitous event (force majeure).
What are the three kinds of obligations?
Kinds of Obligations
- Pure Obligation.
- Conditional Obligation.
- Obligation with a term or period.
What is an obligation in law?
An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered.
What are the two types of obligations in contracts?
Different Types of Contractual Obligations
Delivery – When and how goods or services will be delivered. Payment/Consideration– How much and when payment for the goods and services is due.
What is an obligation in Article 1156?
1156 An obligation is a juridical. necessity to give to do or not to do. something in giving a thing, doing a certain act, or not doing a certain act. obligor when it speaks of obligation as a juridical necessity.
What is the common law of obligations?
The Common Law of Obligations provides coverage of the history of obligations and its underlying principles, remedies, negation of liability and specific obligations.
What are the essential requisites of an obligation?
There are four essential requisites of an obligation: 1) an active subject or creditor who holds the right, 2) a passive subject or debtor who must satisfy the obligation, 3) the subject of the obligation which is the conduct to be performed, and 4) the juridical or legal tie which binds the parties.
What are the two obligations every?
Mandela mentions that every man has twin obligations. The first is to his family, parents, wife and children, the second obligation is to his people, his community and his country.