1. What is an obligation? According to article 1156 of the Civil Code, an obligation is a juridical necessity to give, do or not to do.

This is however incomplete since it stresses merely on the duties of the debtor WITHOUT emphasizing on the rights of the creditor. The more complete definition of an obligation would come from Arias Ramos which states that an obligation is a juridical relationship whereby a person may demand from another the observance of the determinate conduct in the obligation and in case of breach, may demand satisfaction from the assets of the latter. 2. What are the elements of an obligation? The elements of an obligation are the following: 1. The debtor, considered as the passive subject of an obligation, one who has the duty to perform the obligation 2. The creditor, considered as the active subject of an obligation, one who has the right to demand compliance of the obligation 3. The prestation or the conduct required in the performance of the obligation 4. The juridical tie that binds the parties, the reason of the establishment of the obligation 3. What must be delivered in a REAL specific obligation? a. The thing itself b. The fruits thereof c. Its accessions and accessories 4. When can a debtor be considered negligent? Negligence is the omission of the required diligence of the nature of the obligation and the corresponding circumstances of person, place and time. Hence, a debtor may be considered negligent if he observes slight negligence when great diligence is required, ordinary negligence when ordinary diligence is required, and great negligence when slight diligence is required. 5. What are the exemptions of Fortuitous events? a. The obligation to deliver a generic thing with no particular designation and cannot be pointed out on its individuality. genus never perish b. When the law expressly provides c. When stipulated d. When there is a assumption of risk e. When the debtor promises to deliver a specific thing to 2 or more persons who does not have the same interest and without any relation

6. When is delay incurred? Delay is incurred when there is a extra judicial or judicial demand by the creditor. Delay is incurred except when the law or stipulation expressly provides that no demand is necessary, when time is a controlling factor and the essence of the obligation, and when the debtor admits that he is in default. 7. What are the remedies of a C in a obligation to do? In an obligation to do a generic thing, the C cannot ask the D for specific performance. He may ask 3rd persons to perform the obligation at the expense of the debtor and claim damages. However, if the personal character or unique capabilities of the debtor is the controlling factor, specific performance shall not be demanded because it will constitute involuntary servitude, so C can only claim damages. 8. What are the 2 major sources of obligation? The 2 major sources of an obligation are LAW and Contracts. Obligation from contracts cannot be presumed. Only those that are expressly provided are demandable but the law acknowledges the existence of crimes, quasi-delicts and quasi-contracts. Obligations arising from contracts have the binding force of the law on the parties and shall be complied with in good faith. 9. What are the remedies for (+) and (-) obligations? (+) obligation to be performed at the expense of D, by himself, or another if O can be done by someone else, damages, undone if made poorly (-) undone what was forbidden and if possible and damages 10. Types of delay? 1. Mora solviendi delay by D, failure to pay or perform without just cause 2. Mora accipiendi delay by C, failure to accept payment or performance without just cause 3. Compensatio morae reciprocal 11. Can there be liability even when O is performed? Yes. There can be liability if in the performance of the obligation, the debtor is guilty of fraud, negligence, delay or violation of the stipulations.

12. Remedies of C if defrauded? 1. exact payment 2. exhaust debtors properties and assets 3. accion subrogatoria exercise all rights and actions except those inherent in the person 4. accion paulinia impugn or rescind acts or contracts committed by D to defraud C 13. What obligations are demandable at once? 1. pure obligation 2. obligation with resolutory condition 3. obligation with resolutory period 14. What extinguishes O? Only the happening of a resolutory event extinguishes O. 15. What happens when the thing is lost? (specific and suspensive only) a. b. c. d. e. f. a. b. c. d. if without fault of debtor, O extinguished if fault of debtor, damages deteriorates without fault, impairment is to be borne by creditor d with fault, C may choose rescission and fulfillment with damages improve by nature, benefit of C improve at expense of D, no right than that granted to the usufructuary when it perishes goes out of commerce disappears in such a way that its existence is unknown disappears in such a way that it cannot be recovered