This content provides a foundational understanding of legal obligations, defining them as juridical necessities governed by the Civil Code of the Philippines, and categorizing them into obligations to give, to do, and not to do.
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and today we will be discussing
obviously obligations so what is
obligation particularly the general Provisions
Provisions
coverage first what law governance
obligations and contracts
second we have will be this the exacting
the article
1156 of the civil code of the Philippines
Philippines
so shortly after nothing medicine
article 1156 then let's discuss again
Apple kinds of obligations from the
Viewpoint of function performance
subject matter and persons oblige
article 1156
what is an obligation okay so we have
the answer first what is an obligation
first what law governs obligations and contracts
contracts
in the Philippines it is governed by
Republic act number
386 or the civil code of the Philippines
particularly article
1156 to article 14 22. okay so now
discuss the nothing article 1156
article 1156 provides that an obligation
is a juridical necessity to give to do
and not to do so article 1156 is
actually it's a legal definition of a
civil obligation
so later on we will be discussing this
is this civil obligation is actually in
contrast to the other kinds of
obligations like the natural obligation
and the moral obligation okay we will be
discussing that later on for now let's
dissects article
1156 again article 1156 provides that an
obligation is a geological necessity to
give to do or not to do so first what is
a geological necessity thing and
necessity juridical necessity means
so meaning legally demandable
simply put it means that if the
obligation was not fulfilled it becomes
due and demandable
re-aggrieved party May file a case in court
court
the adapter or obligor must comply with
his obligation whether he likes it or
not Otherwise
Ganda bought a car from pogi so this is
from pongi and so
pogi
so of course the first radish demand and
payment from Ganda now what if despite
demand Ganda does not a pogi
another new records me
of course she has an obligation to pay
but bayad now is
then she has to face the legal
consequences okay
pogi be in the aggrieved party in this
example May file a proper co-action in
court you know article
1156 a new serial code it is about
geological necessity this juridical
necessity is actually what
differentiates civil obligations from
the moral and natural obligation
obviously you cannot go to court and
file a case for breach of your moral and
natural obligations okay
so we are now done with theoretical
necessity and I hope maintenance
fee it is juridical time legally
demandable okay so let's proceed with
the next phrase
an obligation is a juridical necessity
it entails a lot note this topic will be
further discussed in the lecture about
the nature and effect of obligations so
today we'll just I will just be giving
obligation obligation to give obligation
to do and obligation nap to do so let's
start with to give
so what is an obligation to give as
simple as to give means the delivery of
a sin to the Creditor but then we have
to differentiate
to give a determinate thing from an
obligation to give a an indeterminate or
generic theme
so what does determinate and
indeterminate scene in an obligation to
give mean a thing is determinate when it
is particularly designated or physically
segregated from all other of the same classes
in the future level as of
nowhere near this particularly
designated or physically segregated from
all others so example
a car with plate number ABC one two
three so it is now particularly designated
designated
a dog of Louise Archimedes named API so again
again
so please take note
was segregated or particularly designated
designated
which make it a determinate or specific
thing on the other hand an indeterminate
watch a two-year-old dog of German
Shepherd breed building
those are examples still and examples of
generic or indeterminate thing now to
answer the question what are the
obligations of the network in an
obligation to give the answer actually
depends if the obligation is an
obligation to give a midterminate or an
obligation to give a an indeterminate thing
thing
let us now answer what are indeed
obligations of the differ in an
obligation to give the correct way to
answer is in an obligation to give a
determining thing the better is obliged
number one to deliver the same number
two to take care of the thing with the
proper religions of a good father of a
family third to deliver all accessions
and accessories and Fort to pay damages
in case of breach of the obligations now
on the other hand in an obligation to
give an indeterminate or generic thing
the letter or obligor is obliged number
one to deliver a thing which must be
neither of superior nor inferior quality
and second to pay damages in case of
breach of the obligation
so aside from the obligation to deliver
the thing the obligor is obliged to take
good care of the thing with the
diligence of a good father of a family
good father of a family means ordinary diligence
diligence
in this particular situation if that
person is obliged to give something then
he must take good care of it as if he is
the real owner short of I mean short of
that expectation he will answer for
damages now how about accessions and accessories
accessories
in the future but today
so accessions anything that is produced
or attached so a thing either naturally
or artificially like the plants or the
there is anything that is necessary for
the Perfection used and preservation of
this thing like the tools the spare
parts in the machine or the key in the house
house
so these accessions and accessories
in an obligation to give
so again please note that debtor is also
obliged to deliver the Creditor all
these accessions and accessories
kasama's obligation me of liger
well let's take an example
example to give a determinate thing
working oblige himself to deliver to
Ganda a Toyota Vios with plate number
abc123 on December 25
2023 so what are the obligations of
foggy in this case Yuna and numerator
number one first to deliver Uganda I
know your specific means
with plate number ABC one two three a
line on December
2023 second prior to the delivery from
now until such time the IDI delivery
rentals on December 25 2023
then pogi has to take good care of it
with the diligence of a good father of a family
family
third Captain
all of the accessories of a car and
lastly if pogi could not deliver then he
has to pay for damages
now let's compare this with you know
commune an obligation is to give an
indeterminate or generic thing
oblige himself to deliver to Ganda a car
on December 25 2023 so generic so a new
obligation is Oggy number one to deliver
a car which must be neither of superior
nor inferior quality in December 25 2020
then second is
then he has to pay for a million AP guy
then he has to pay for damages didn't
land okay so it is actually important to
determine if the thing that is the
object of an obligation is a determinate
or a generic thing first
in a way we will be discussing this
thoroughly in our future topic for now basically
basically
Okay so
we are done with an obligation to give
let's proceed again
so
article 1150 say 56 an obligation is a
geological necessity to give to do and
not or not to do so obligation to do
this simply covers all kinds of works or Services
an agreement whereby pogi will fix the
car of Ganda so it is the fixing of the car
obligation to do obviously it is an
agreement to render work or service now
now
it's as simple as that let's not
complicate things for now thorough
discussions will be discussed in another
video in the future discussions
otherwise if we will be discussing
everything now then
this video will be too long too heavy
so let's
reserve and save that for future discussions
discussions
let's continue and obligation is a
theoretical necessity to give to do or
not to do so we are going to tell you
what is an obligation not to do
an obligation not to do from the word
itself means refraining from doing some
Acts okay example the story of Pokemon
enter into an agreement whereby Ganda
will not sell the car given by pogi to
here within five days like five years so
your obligation data is it is consists
of refraining someone from doing
something in this particular example is
prohibited from selling the car the
vinegar is
for a period of five years okay that's it
it
let's discuss the elements of an
obligation well apple is in accordance
with the definition in article 1156
itself but in so what are the elements
of an obligations elements are essential
requisites and Obligations number one do
we have the active subject Apple young person
person
entitled to demand the Fulfillment of
the obligation
my right the active subject refers to
the Creditor or young obligene and
to demand fulfillment of the obligation
active Sanchez okay now number two the
the person who is bound to the
Fulfillment of the obligation or my duty
to fulfill so passive subjects refers to
the debtor in an obligation to give or
an obliged
obligation to do third element the
object or presentation
your object orbit station refers to the
subject matter of the obligation or the
conduct required to be observed by the
debtor it may consist in giving doing or
not though doing subject matter
obligation and last elements is
now this refers to the legal tie which
binds or connects the parties to the
obligation or likewise known as the VIN
column jurist
entered into an agreement of building
contract boggy binds himself to build
the house of Ganda for 1 million pesos
so in this particular example see pogi
xiaomai obligation to fulfill Lima
sociasi passive subject
to build the house of Ganda siganda
obligation then third depreciation or
object is Young conduct of building the
house subject matter obligation and then
it is the contract do not confuse the
house as the object of the obligation
foreign supposed everyone is
after construction
active subject
you might write to demand fulfillment or
to demand payment from Uganda
passive subject and my obligation to pay obligations
so that's it let's discuss now the kinds
obligations
so from the Viewpoint of sanction we
11 56 I mean article 1156 second we have
the natural obligations
now for some reason
voluntary fulfillment on the part of the
death or the obligor allows the Creditor
to retain the voluntary payment or
in short it is an example of a natural
obligation and in this case said creditor
creditor
now let's proceed with moral obligations
your moral obligation you know uh
obligation which is sanctioned
assumption by conscience or morality
this is also known as the law of the
church the best example is the duty to
attend Mass every Sunday the duty of a
husband and wife to observe Fidelity
again for civil obligations
obligation which live right
of action to compel the performance
natural obligations it is not based on
positive law but is based on equity and
natural law
um right of action to enforce performance
and so after voluntarily fulfillment by
the obligor okay after the voluntary
fulfillment made of liger then we are
authorized to retain authorize the
relative tension of what has been
delivered or rendered and then third
through their conscience because this is
sanctioned by morality so
so
that's it that's
kinds of obligation from the Viewpoint
of sanctions now let's proceed with
another kinds of obligations from the
Viewpoint of performance positive
obligation is to give or to do negative Union
to do something now negative to prohibit
so not to do
from the Viewpoint of subject matter
creating real obligation or personal
obligation real obligation an obligation
to give the postpersonal Naman young to
do or not to do then lastly from the
Viewpoint of person oblige to adding
parties are bound like young foreign
well that's it
thank you for watching Patiently I hope
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free to comment down below we'll be
happy to reply as soon as possible so
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