Obligations and Contracts Audio LectureObligations - juridical necessity to give, to do or not to do.Natural obligations - voluntariness on the part of the debtor, but the debtor cannot anymore demand to return what he gave up. Moral obligation - in case there is non performance of obligation, you cannot go to court, and find action for specific performance. Examples, for catholics, it is their moral obligation to hear mass every sunday. Elements of obligation:First, there should be the parties. The active subject and the passive subject. Second, object.Third, the juridical tie. Who is an active subject in obligation? Creditor, the passive subject is the debtor. Why? Because the creditor has the righ to go to court in case there is non-performance of obligation of the debtor. The object - refers to the prestation. The prestation is the conduct to be performed by the passive subject. Prestation involves, to give, to do, or not to do.Obligation to be valid, the object should be (for an object to be valid):Determinate, Useful, Lawful, Assessible in Money, Possible. (DULAMP)RE: Contracts - if object is unlawful, the contract is void.Juridical tie - in case of non-performance, you can go to court, and file an action for specific performance. Kinds of Obligations-According to perculiarities of prestationPure obligationObligation with conditionObligation with periodAccording to number of partiesJoint obligationSolidary obligationAccording to prestations to be renderedIndividual obligation (one prestation involved)Multiple obligation: Alternative obligation and facultative obligationAccording to the quality of the objectPositiveNegativeSpecific - determinateGeneric - indeterminateDivisible - whether it can be performed partiallyIndivisible - cannot be partially performedPrincipal - these kind of obligation should be connected to a contract which is source of obligation. It arises from principal contract. Example, simple mutuum. The obligation to pay is the principal obligation. Accessory - arises from accessory contract. Example, pledge, or guanratees. Sources of obligation1.Law2.Contracts3.Quasi-Contracts4.Delicts5.Quasi-delictsObligations arises from law-Under the family code, there is an obligation to support. Also, payment of taxes.Quasi-contracts -it is quasi-contract because the parties do not have meeting of the minds. There is no consent between the parties, but because one is benefited because of an act of another, the other person has the obligation to pay compensation. Negotiorium Gestio - Management of property of another person, and through that act, he was able to save the property, the owner of the property has the obligation to pay damages.