Page 4 - Obligations & Contracts Module 1-2

Module 1: OBLIGATION

An obligation is a juridical necessity to give, to do or not to do

(Article 1156). An obligation is a legal duty, however created, the

violation of which may become the basis of an action of law.

ELEMENTS:

1. Active subject ( obligee/creditor ) – the one in whose favor the

obligation is constituted

2. Passive subject ( obligor/debtor ) – the one who has the duty of

giving, doing or not doing

3. Object – prestation; the conduct which has to be observed by

the debtor/obligor

4. Vinculum Juris – juridical/legal tie

5. Causa (causa debendi/causa obligationes) - why obligation exists