Obligations and Contracts

1. the term obligation was very technical in nature and applied to the responsibility to pay money owed on certain written documents that were executed under seal. Currently obligation is used in reference to anything that an individual is required to do because of a promise, vow, oath, contract, or law. It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform.

2. Elements of Obligation

2.1. Active Subject

2.2. Passive Subject

2.3. Prestation or Object

2.4. Efficient Cause

3. Sources of Obligations

3.1. Law

3.2. Contract

3.3. Quasi Contract

3.3.1. Negotiorum Gesto

3.3.2. Solutio Indebiti

3.3.3. Other Quasi Contracts

3.4. Acts or Omission Punished by Law

3.5. Quasi Delicts

3.5.1. Sources of Obligations

3.5.1.1. Unjust Enrichment

3.5.1.2. Unilateral Declaration

3.5.1.3. Abuse Rights

3.5.2. Elements of Negligence

3.5.3. Kinds of Negligence

3.5.3.1. Culpa Aquilana

3.5.3.2. Culpa Contractual

3.5.3.3. Culpa Criminal

4. Breach of Obligation

4.1. Voluntary

4.2. Involuntary

4.3. Modes of Breach

4.3.1. Fraud

4.3.2. Negligence

4.3.3. Delay

4.3.4. Contravention of Tenor

4.3.5. Absolute non-performance

5. Remedies of Creditor in case of Breach

5.1. Primary

5.1.1. Action for Performance

5.1.2. Action for Damages

5.1.3. Action for Rescission

5.2. Secondary

5.2.1. Accion Subrogatoria

5.2.2. Accion Pauliana

5.2.3. Other Specific Remedies

6. Kinds of Civil Obligations

6.1. Pure Obligations

6.2. Conditional Obligations

6.2.1. As to effect

6.2.2. As to cause or Origin

6.2.3. As to Possibility

6.2.4. As to mode