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    Civil and Natural Obligations

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    rai barrameda
    Civil obligations give a right to demand performance in court, while natural obligations do not. A natural obligation is a true obligation under law, whereas a purely moral obligation has no legal consequences. Natural obligations can be ratified to become civil, or performance of a natural obligation cannot later be recanted if done voluntarily. For performance to be considered voluntary, it must be free from both coercion and error or mistake. A natural obligation differs from a moral obligation in that there was originally a legal tie that was extinguished, such as by prescription, leaving a natural obligation.

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    Civil and Natural Obligations

    Uploaded by

    rai barrameda
    1K views2 pages
    Civil obligations give a right to demand performance in court, while natural obligations do not. A natural obligation is a true obligation under law, whereas a purely moral obligation has no legal consequences. Natural obligations can be ratified to become civil, or performance of a natural obligation cannot later be recanted if done voluntarily. For performance to be considered voluntary, it must be free from both coercion and error or mistake. A natural obligation differs from a moral obligation in that there was originally a legal tie that was extinguished, such as by prescription, leaving a natural obligation.

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    Civil obligations give a right to demand performance in court, while natural obligations do not. A natural obligation is a true obligation under law, whereas a purely moral obligation has no legal consequences. Natural obligations can be ratified to become civil, or performance of a natural obligation cannot later be recanted if done voluntarily. For performance to be considered voluntary, it must be free from both coercion and error or mistake. A natural obligation differs from a moral obligation in that there was originally a legal tie that was extinguished, such as by prescription, leaving a natural obligation.

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    1K views2 pages

    Civil and Natural Obligations

    Uploaded by

    rai barrameda
    Civil obligations give a right to demand performance in court, while natural obligations do not. A natural obligation is a true obligation under law, whereas a purely moral obligation has no legal consequences. Natural obligations can be ratified to become civil, or performance of a natural obligation cannot later be recanted if done voluntarily. For performance to be considered voluntary, it must be free from both coercion and error or mistake. A natural obligation differs from a moral obligation in that there was originally a legal tie that was extinguished, such as by prescription, leaving a natural obligation.

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    Civil and Natural Obligations

    Civil Obligation – that which gives you a right of action to demand its performance; you can go to court
    to demand performance

    Natural – does not give you a right of action; not legally compellable; performance resided in the
    conscience of the debtor; nonetheless, it is recognized under the law

    Is natural obligation the same as Moral Obligation? NO - A natural obligation is a true obligation. The
    concept of a purely moral obligation is not recognized in our laws as a source of obligation. Why? -
    Because a purely moral obligation does not produce any legal consequence.

    What are the legal consequences produced by Nat Ob?

    1. it can be ratified or converted into a civil obligation

    2. if natural obligation has been voluntarily fulfilled by the debtor, the creditor is authorized to retain
    the payment. – if debtor is bothered by conscience and performed obligation, although natural, debtor
    can no longer change his mind later on, walang solian; it necessary that the payment must have been
    done voluntarily

    What is voluntary fulfillment? If you are not forced, no coercion

    Is it sufficient that the performance is free from coercion? NO, it’s not sufficient.

    For performance to be considered as voluntary:

    1. freedom from coercion

    2. freedom from error or mistake

    Why free from error or mistake? Art 1956 NCC – the agreement with respect to the payment of interest
    must be stipulated in writing, otherwise, it is not due. Creditor can’t demand legally from debtor the
    payment of interest.

    If agreement was made verbally, is it void? No, it is simply not due

    What if, interest is paid, what is the legal consequence? Art 9160 – either a case of natural obligation
    or solution indebiti.

    Solution indebiti – if payment was made by mistake

    How do you know that a situation is a case of natural obligation and not a moral obligation?
    Art 1424 – if right of action had already prescribed (extinctive prescription); the right is lost but what
    used to be a civil obligation is converted into a natural one

    Ex. Promissory note – 10 yr prescription

    How do we separate a case of moral from moral obligation?

    In a natural obligation, there is still a juridical tie even if the same can no longer be compelled through
    court action; there is some circumstance that happened to the juridical tie.

    In moral, there is no juridical tie.

    If Civil Code recognizes it as an obligation/ recognized by our law, it is a natural obli; if not, then it is
    simply a moral obligation. These are scattered al throughout the code

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