TITLE III – Natural Obligations (Articles 1423-1430)

TITLE III
NATURAL OBLIGATIONS
(Articles 1423-1430)

STUDY GUIDE : SESSION 14

1. Article 1423 distinguishes between the two kinds of obligations

from the viewpoint of sanction. –

(A)Civil Obligations – Those obligations whereby the creditors

are given a right of action to compel their performance in court. There is a
juridical tie. (Art. 1156)

(B)Moral Obligations – They are not based on positive law

but on equity. They do not grant a right of action to enforce their
performance but after voluntary fulfilment by the obligor, they authorize the
retention of what has been delivered or rendered by reason thereof.
There is no juridical tie. (Art. 1423)

2. ‘Voluntary fulfilment’ defined. – “Voluntary fulfilment”

means that the debtor complied with the natural obligation even if he
knew that he could not have been legally forced to do so. Therefore,
if payment is made through a court process, it is not considered
voluntary, and the provisions of the law on natural obligations cannot
be made to apply.

3. There may be other natural obligations aside from those obtaining in

this title. The enumeration of the natural obligations in this title is NOT
EXCLUSIVE.

(a) Art. 1424. – A debtor performs a civil

obligation that has already prescribed.

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(b) Art. 1425 – A third person, who pays a

prescribed debt, is reimbursed by the debtor.
(c) Art. 1426 – A minor restores to the other
contracting party the thing or price received under
the contract, after it is annulled although he has not
been benefited thereby. (Study in coordination with
Art. 1399.)

(d) Art. 1427 – A minor pays or delivers a

consumable thing to the other contracting party who
spends or consumes it in good faith.

(e) Art. 1428 – A debtor performs his civil

obligation even if the creditor’s action to enforce it
has failed.

(f) Art. 1429 – An heir pays the decedent’s debts

which far exceed the value of the heir’s inheritance.

(g) Art. 1230 – After settlement of the debts of the

deceased, an intestate heir pays a legacy under a
void will.

*** END ***

FOOD FOR THOUGHT

“You can’t have a million dollar dream

with a minimum wage work ethic.”
Anonymous

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“God gives every bird its food,

but He does not throw it into its nest”
J.G. Holland

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