Obligations: Concept and Sources

An obligation is a juridical necessity to give, to do, or not to do. This definition, found in Article 1156 of the Civil Code of the Philippines, frames every obligation as a legal bond between parties.

Every obligation has four essential requisites: an active subject (the creditor or obligee), a passive subject (the debtor or obligor), the object or prestation, and the juridical or legal tie that binds them together.

Obligations arise from five sources enumerated in Article 1157: law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. Each source carries its own rules on demandability and extinguishment.

A natural obligation, by contrast, is not based on positive law but on equity and natural justice. It does not grant a right of action to enforce performance, but once voluntarily fulfilled, it authorizes the retention of what has been delivered.

Key takeaways

• An obligation is a juridical necessity to give, to do, or not to do.
• The four requisites are the active subject, passive subject, prestation, and juridical tie.
• There are five sources of obligations under Article 1157.