A juridical necessity to give, to do, or not to do.
It is impressed with the character of enforceability.
Requisites of Obligation
1. Juridical/Legal Tie
2. Active Subject
3. Passive Subject
4. Fact, prestation or service
Sources of Obligation
Compliance in good faith
Performance in accordance with stipulation, clauses, terms and conditions of the contract
Right of the Creditor to the Fruits
1. Before delivery - personal right
2. After delivery - real right
Personal Right and Real Right distinguished
1. Personal - jus ad rem, a right enforceable only against a definite person or group of persons.
Real - jus ad re, a right enforceable against the whole world.
2. Personal - right pertaining to the person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do.
Real - right pertaining to a person, over a specific thing, without a passive subject, individually determined against whom such right may be personally enforced.
Different Kinds of Obligation
1. Pure Obligation - one whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period and characterized by the quality of immediate demandability.
2. Conditional Obligation - one whose effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain fact or event.
Traditional Classifications of Conditions
1. Suspensive; Resolutory
2. Potestative; Casual; Mixed
3. Possible; Impossible
4. Positive; Negative
5. Divisible; Indivisible
6. Conjunctive; Alternative
7. Express; Implied
Suspensive and Resolutory
Suspensive - when the fulfillment of the condition results in the acquisition of rights arising out of the obligation; or a condition which must be fulfilled before an obligation is enforceable
Resolutory - when the fulfillment of the condition results in the extinguishment of rights arising out of the obligation; or a condition that, upon fulfillment, terminates an already enforceable obligation and entitles the parties to be restored to their original positions
Potestative, Casual, and Mixed
Potestative - when the fulfillment of the condition depends upon the will of a party to the obligation; or a condition whose fulfillment was completely within the power of the obligated party
Casual - when the fulfillment of the condition depends upon chance and/or the will of a third person
Mixed - when the fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or will of a third person
Possible and Impossible
Possible - when the condition is capable of realization according to nature, law, public policy, or good customs
Impossible - when the condition is not capable of realization according to nature, law, public policy, or good customs
Positive and Negative
Positive - when the condition involves the performance of an act
Negative - when the condition involves the omission of an act
Divisible and Indivisible
Divisible - when the condition is susceptible of partial realization
Indivisible - when the condition is not susceptible to partial realization
Conjunctive and Alternative
Conjunctive - when there are several conditions, all of which must be realized
Alternative - when there are several conditions, but only one must be realized
Express and Implied
Express - when the condition is stated expressly
Implied - when the condition is tacit