General Provisions Essay

An promise is a discriminative necessity to ordain, to do, or not to do. JURIDICAL NECESSITY juridical tie connotes that in case of noncompliance, in that respect will be legal physiognomys. An pact is nothing more than the work of a person (obligor) to satisfy a ad hoc demandable claim of another person (obligee) which, if breached, is enforceable in court. A contract needs gives rise to an responsibleness provided an obligation does not always need to bugger off a contract. KINDS OF indebtedness A. From the viewpoint of sanction 1. CIVIL arrangement that defined in Article 1156 an obligation, if not fulfilled when it becomes delinquent and demandable, may be enforced in court through action establish on law the sanction is discriminative due process2. NATURAL OBLIGATION defined in Article 1423 a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor based on equi ty and innate law. (i.e. when in that location is prescription of duty to pay, still, the obligor remunerative his dues to the obligee the obligor cannot recover his payment even there is prescription) the sanction is the law, but only conscience had originally motivated the payment.3. MORAL OBLIGATION the sanction is conscience or morality, or the law of the church. (Note If a Catholic promises to detect mass for 10 consecutive Sundays in order to receive P1,000, this obligation becomes a civil one.) B. From the viewpoint of subject result -1. REAL OBLIGATION the obligation to give 2. PERSONAL OBLIGATION the obligation to do or not to do (e.g. the duty to paint a house, or to forbear from committing a nuisance)