General Provisions Essay
An obligation is a juridical necessity to give, to do, or perhaps not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance, there will be legal sanctions. – An obligation is usually nothing more than the work of a person (obligor) to meet a specific demandable claim of another person (obligee) which, if perhaps breached, can be enforceable in court. – A contract actually gives rise to an obligation but an requirement does not constantly need to have a contract. KINDS OF REQUIREMENT A. From the viewpoint of “sanction” – 1 . MUNICIPAL OBLIGATION – that identified in Article 1156; a duty, if not really fulfilled because it becomes because of and demandable, may be enforced in court docket through action; based on legislation; the peine is judicial due process 2 . ALL-NATURAL OBLIGATION – defined in Article 1423; a special kind of obligation which cannot be forced in courtroom but which in turn authorizes the retention in the voluntary payment or efficiency made by the debtor; based upon equity and natural legislation. (i. elizabeth. when there is certainly prescription of duty to pay, continue to, the obligor paid his dues to the obligee – the obligor cannot restore his payment even there is certainly prescription) the sanction is definitely the law, yet only conscience had originally motivated the payment. 3. MORAL REQUIREMENT – the sanction is usually conscience or morality, and also the law in the church. (Note: If a Catholic promises to listen to mass intended for 10 successive Sundays to be able to receive P1, 000, this obligation turns into a civil one. ) B. From the standpoint of material -1. REAL OBLIGATION – the obligation to give 2 . PERSONAL OBLIGATION – the obligation to do or to refrain from giving (e. g. the duty to paint a home, or to keep from committing a nuisance)
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