juridical necessity to give,to do or not to do

who has the right to demand the performance of prestation from the obligor or debtor.

refers to the party who has the juridical necessity of adjusting his conduct to the demand of the creditor or obligee pursuant to the obligatory tie.

refers to the promise or particular conduct to be performed in the fulfilment or rendition of the obligation.may consist of giving, doing or not doing a thing.

refers to the juridical tie which binds the parties to the obligation.

refers to an obligation which consists of giving or doing somet

refers to a positive obligation which consists of the delivery or giving of personal or real object. The examples of real obligations are the obligations of the parties in a contract of sale or barter or deposit or loan.

refers to a positive obligation which consists of doing a particular prestation but not delivery of an object An example of personal obligation is rendition of services.

efers to an obligation which consists of abstaining from some act.

can be enforced by court action or the coercive power of public authority

cannot be compelled by court action but depends exclusively upon the good conscience of the debtor.

refers to the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.

is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

is a juridical relation which arises from certain lawful, voluntary and unilateral act, to the end that no one may be unjustly enriched or benefited at the expense of another

refers to the voluntary management of the property or affairs of another without the knowledge or consent of the latter.

refers to the juridical relation that is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

refers to a source of a civil obligation wherein a person by act or omission causes damage to another, there being fault or negligence.

refers to any act or omission which is punishable by law

refers to the restoration of the thing itself even though it be found in the possession of a third person who has acquired it by lawful means.

shall be determined by the Court taking into consideration of the price of the thing and its sentimental value

shall include not only those caused the injured party but also those suffered by his family or by a third person by reason of the crime.

is only indicated by its kind, without being designated and distinguished from others of the same kind

is one that is individualized and can be identified or distinguished from others of its kind.

are the spontaneous products of the soil, and the young and other products of animals.

are those produced by lands of any kind through cultivation or labor.

are fruits as a result of civilization or fruit arising out of a juridical relation or contracts such as are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.

refer to those which are destined for the embellishment, use or for the preservation of another thing which is of more importance, have for their object the completion of the latter for which they are indispensable or convenient.

include everything which is produced by a thing, or which is incorporated or attached thereto, either naturally or artificially.

refers to the delay or default on the part of the debtor or obligor.

refers to the delay or default on the part of creditor or obligee.

refers to the delay or default of both debtor and creditor.

refers to the non-fulfilment of the obligation with respect to time.

refers to the deliberate and intentional evasion of the normal fulfilment of obligation.

is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such person suffers injury. It means the absence of diligence required by law or by contract or by the circumstances of the case.

refers to illicit act which impairs the strict and faithful fulfilment of the obligation or every kind of defective performance. It refers to the violation of the terms and conditions of obligation or defects in the performance of the obligation.

Waiver of a civil action for future fraud is void because it is contrary to law and public policy. Such waiver will encourage the commission of crime.

Waiver of a civil action for past fraud may be considered valid on the part of the plaintiff and defendant provided public interests are not involved. However, if the past fraud involved a public crime, the waiver of civil damages made by the private complainant in favor of the defendant will not bar the state from continuing the prosecution of criminal case.

is a condition that is dependent upon the will of one of the contracting parties.

is a condition that is dependent exclusively upon chance or other factors, and not upon will of the contracting parties.

is an obligation which is subject to a space of time which, exerting an influence on obligations as a consequence of a juridical act, suspends their demandability or determines their extinguishment.

is a future and uncertain event or a past and unknown event

is a future event that must necessarily come.

is an obligation where the debtor is alternatively bound by different prestations and it is extinguished by the complete performance of any of them.

is an obligation wherein only one prestation has been agreed upon but the obligor may render another in substitution.

is an obligation where the debtor has to perform several prestations and it is extinguished only by the performance of all of them.

is one in which each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only to a proportionate share of the credit.

is one in which each debtor is liable for the entire obligation and each creditor is entitled to demand the whole obligation.

is an obligation that is susceptible of partial performance; that is, the debtor can legally perform the obligation by parts and the creditor cannot demand a single performance of the entire obligation.

is an obligation that is not susceptible of partial performance or the law provides that the performance of the obligation is indivisible or the contract provides that the performance of the obligation is indivisible.

is an obligation which has an accessory undertaking to assume greater liability in case of breach.

refers to the mode of extinguishment of right to file an action or obligation by the mere lapse of time fixed by law. It converts the enforceable civil obligation into an unenforceable natural obligation.

means a person is considered in estoppel if by his conduct, representations or admissions or silence when he ought to speak out, whether intentionally or through culpable negligence, causes another to believe certain facts to exist and such other rightfully relies and acts on such belief, as a consequence of which he would be prejudiced if the former is permitted to deny the existence of such facts.

occurs when a party to a deed and his privies are precluded from denying any material fact stated in the said deed as against the other party and his privies.

is considered an equitable estoppel wherein a person who failed or neglected to assert a right for an unreasonable and unexplained length of time is presumed to have abandoned or otherwise declined to assert such right and cannot later on seek to enforce the same, to the prejudice of the other party,

is a mode of extinguishing obligation which refers to the fulfillment of the prestation due.

refers to the designation of the debt which is being paid by a debtor who has several obligations of the same kind in favor of the creditor to whom payment is made. The right of application of payment generally belongs to the debtor in the absence of contrary agreement.

is the manifestation made by the debtor to the creditor of his desire to comply with his obligation with the offer of immediate performance.

is the deposit of the object of the obligation in a competent court in accordance with rules prescribed by law. It refers to the remedy available to the debtor if the creditor is guilty of delay also known as mora accipiendi.

is a mode of extinguishing obligation that occurs where there is meeting in one person of the qualities of creditor and debtor with respect to the same obligation.

is a mode of extinguishing to the concurrent amount, the 113. obligations of those persons who in their own right are reciprocally debtors and creditors of each other.

is a compensation which takes place by operation of law because all the requisites provided by law are present for compensation by operation of law to occur.

is a compensation which can be claimed by one of the parties who, however, has the right to object to it, such as when one of the obligations has a period for the benefit of one party alone and who renounces that period so as to make the obligations due.

is a compensation wherein the parties agree to compensate their mutual obligations even if one or more of the requisites of legal compensation are lacking.

is a compensation decreed by the court in a case where there is a counterclaim.

Novation is a mode of extinguishment of an obligation by the substitution or change of 121. the obligation by a subsequent one which extinguishes or modifies the first.

is the modification of the obligation by the change of the subject; it is passive if there is substitution of the debtor, and it is active when a third person is subrogated in the rights of the creditor.

is the change of the obligation by substituting the object with another or changing the principal conditions.

when there is only a modification or change in some principal conditions of the obligation.

when there is such an incompatibility between the old and the new obligations that they cannot stand together.

refers to the transfer of all the rights of the creditor to a third person, who substitute him in all his rights.

refers to substitution of creditor by agreement of original parties and the new creditor.

is the substitution of new creditor in exceptional cases provided by law.