3 kinds of prestations
The following are three kinds of prestations (objects of contracts). It must be recalled that, under Article 1156 of the New Civil Code of the Philippines, an obligation is the juridical necessity to do, to give or not to do.
[1] TO GIVE. The prestation to give is a real obligation. It is the obligation to deliver either [a] a specific or determinate thing, or [b] a generic or indeterminate thing. An example of this would be the vendor's obligation to give the vendee the thing purchased.
[2] TO DO. The prestation to do is a positive personal obligation. It includes all kinds of work or service. An example of this would be the obligation of a painter to create an artwork for the person who commissioned him.
[3] NOT TO DO. The prestation not to do is a negative personal obligation. It refers to the duty to abstain from doing an act and includes the obligation not to give.
An object (subject matter) is a thing, service, or right that constitutes the prestation of an obligation in a contract. It could be anything that is within the commerce of men, either present or future. philawgov.wikia.org/wiki/Object_of_Contract.
An obligation is a juridical necessity to give, to do or not to do (Art. 1156, Civil Code). The obligation is constituted upon the concurrence of the essential elements thereof, viz: (a) The vinculum juris or juridical tie which is the efficient cause established by the various sources of obligations (law, contracts, quasi-contracts, delicts and quasi-delicts); (b) the object which is the prestation or conduct, required to be observed (to give, to do or not to do); and (c) the subject-persons who, viewed from the demandability of the obligation, are the active (obligee) and the passive (obligor) subjects. (G.R. No. 167519. January 14, 2015)
[1] TO GIVE. The prestation to give is a real obligation. It is the obligation to deliver either [a] a specific or determinate thing, or [b] a generic or indeterminate thing. An example of this would be the vendor's obligation to give the vendee the thing purchased.[2] TO DO. The prestation to do is a positive personal obligation. It includes all kinds of work or service. An example of this would be the obligation of a painter to create an artwork for the person who commissioned him.
[3] NOT TO DO. The prestation not to do is a negative personal obligation. It refers to the duty to abstain from doing an act and includes the obligation not to give.
An object (subject matter) is a thing, service, or right that constitutes the prestation of an obligation in a contract. It could be anything that is within the commerce of men, either present or future. philawgov.wikia.org/wiki/Object_of_Contract.
An obligation is a juridical necessity to give, to do or not to do (Art. 1156, Civil Code). The obligation is constituted upon the concurrence of the essential elements thereof, viz: (a) The vinculum juris or juridical tie which is the efficient cause established by the various sources of obligations (law, contracts, quasi-contracts, delicts and quasi-delicts); (b) the object which is the prestation or conduct, required to be observed (to give, to do or not to do); and (c) the subject-persons who, viewed from the demandability of the obligation, are the active (obligee) and the passive (obligor) subjects. (G.R. No. 167519. January 14, 2015)
