Natural Obligations
Art. 1423. Obligations are civil or natural. Civil obligations give a right of action to compel their performance. Natural
obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce
their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been
delivered or rendered by reason thereof. Some natural obligations are set forth in the following articles.
- Natural Obligations
o Originated in the Roman Law
Grew in importance in order to temper with equity and justice the severity of the jus civile
- Civil vs Natural Obligations
Civil Obligations Natural Obligations
Arise from law, contracts, quasi-contracts, delicts, and Based on equity and natural law
quasi-delicts
Give a right of action in courts of justice to compel their Do not grant right of action to enforce their performance
performance or fulfillment
Art. 1424. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily
performs the contract cannot recover what he has delivered or the value of the service he has rendered.
Art. 1425. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor
is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburses the
third person, the obligor cannot recover what he has paid.
Art. 1426. When a minor between eighteen and twenty-one years of age who has entered into a contract without the
consent of the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price
received, notwithstanding the fact the he has not been benefited thereby, there is no right to demand the thing or
price thus returned.
- General Rule: By decree of annulment, the parties are obliged to make mutual restitution
- Exception: If the obligee who has spent or consumed in good faith the money or consumable thing voluntarily
paid or delivered by the minor, is not bound to make restitution
Art. 1428. When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the
obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has
rendered.
Art. 1429. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property
which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot
be rescinded by the payer.
Art. 1430. When a will is declared void because it has not been executed in accordance with the formalities required
by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance
with a clause in the defective will, the payment is effective and irrevocable.
- Legacy – is the act of disposition by the testator in separating from the inheritance for define purposes, things,
rights, or a definite portion of his property
- If a will is disallowed for non-compliance with the formalities prescribed by law, the legacy made in the will
would also be void
o Effect: same as if the deceased had died without a will, and therefore intestate heir is not legally
required to pay the legacy
But if he pays the legacy, the payment is effective and revocable