Obli Con Midterms Reviewer
Obli Con Midterms Reviewer
Obli Con Midterms Reviewer
4 ELEMENTS OF OBLIGATION
1. ACTIVE SUBJECT (creditor/obligee) whose obligation is constituted
2. PASSIVE SUBJECT (debtor/obligor) has duty to give, to do or not to do
3. OBJECT/PRESTATION subject matter
4. JURIDICAL/LEGAL TIE (vinculum/efficient cause) reason
CIVIL
OBLIGATION
NATURAL
OBLIGATION
derived from
positive law
enforceable by
court action
not enforceable by
court action
5 SOURCES OF OBLIGATION
1. LAW
2. CONTRACTS
3. QUASI-CONTRACTS arise from lawful, voluntary acts; no one shall be unjustly enriched...
2Kinds
a. Solutio indebiti something received (delivered on a mistake), no right to demand it
b. Negotiorum gestio voluntary mgt of property/affairs of another w/o his knowledge/consent
4. QUASI-DELICT/TORTS/CULPA AQUILIANA arise from damage; fault/negligence
5. CRIMES/ACTS/OMISSIONS punished by law arise from civil liability that is a consequence of a criminal
offense
DILIGENCE OF A GOOD FATHER OF A FAMILY
- care need to be exercised by a debtor to deliver/give determinate thing
Exception: When law/stipulation of parties requires a differnt standard of care (slight/extraordinary
diligence).
When creditor is entitled to the fruits
Rule: The creditor has personal right (right to ask for delivery) from the time the obligation to deliver arises.
But NO real right (right enforceable against the whole world) until it is delivered.
3 KINDS OF FRUITS
1. NATURAL w/o human intervention
2. INDUSTRIAL w/ human intervention
3. CIVIL derived by virtue of juridical relation
Creditors rights if debtor fails to comply w/ the obligation
1. Determinate
a. Performance
b. Damages
2. Generic
a. Performance
b. Damages
c. Obligation be complied at debtors expense
Creditors rights if debtor does in contravention
1. Damages
2. Ask it be UNDONE at debtors expense
FORTUITOUS EVENT cannot be foreseen, if foreseen, inevitable
General Rule: No person liable to fortuitous event.
Exceptions:
1. Law states
2. Stipulation/contract states
3. Assumption of risk
4. Delay
5. Debtor promises deliver to 2/more persons who do not have same interest (bad faith)
EFFECTS OF FORTUITOUS EVENT to thing to be delivered
- extinguish the obligation if determinate; generic does not extinguish the obligation
3 MISCELLANEOUS RULES ON PERFORMANCE OF OBLIGA-TION
1. When to deliver determinate, accessions (additions/ improvements) and accessories(joined/included with
the principal) are INCLUDED even not mentioned.
2. If debtor fails to do, it shall be DONE AT HIS EXPENSE, same with doing the contravention; poorly done
be undone.
3. In obligation not to do, and obligor does what is forbidden, shall be UNDONE AT HIS EXPENSE.
4 GROUNDS; debtor liable for damages
1. Default/mora
2. Fraud/dolo
3. Negligence/culpa
4. Contrary to terms of obligation
1. DEFAULT/MORA delay
3kinds
a. Mora solvendi debtors delay to give (real ob.), to do (personal ob.)
b. Mora accipiende creditors delay to accept
c. Compensatio Morae delay of both in reciprocal obligation
CONCEPT OF DELAY
General Rule: No demand, No delay
Exceptions:
1. Law states
2. Obligation states
3. Time is the essence
4. Demand be useless if delay
5. Debtor guilty of delay
EFFECTS OF DELAY
1. Damages
2. When to deliver determinate thing, STILL LIABLE in fortuitous event.
2. FRAUD/DOLO conscious, deliberate, intentional evasion of fulfillment
2Kinds
a. Dolo causante/Causal fraud fraud in obtaining consent; consent is defective, contract is voidable.
Remedy: annulment
b. Dolo incidente/Incidental fraud fraud w/c vitiates consent. Remedy: damages
PERIOD
CONDITION
certain
uncertain
future only
future/past but
unknown
(*influence upon
obligation) only
upon its
demandability
FACULTATIVE
OBLIGATION
several prestations
due, giving one is
sufficient
right to choose
(debtor) unless
granted to creditor
right to choose
DEBTOR ONLY
If 1 of the
prestation is illegal,
others may be
valid, obligation
remains
nullity of principal
carries w/ it nullity
of accessory/
substitute
loss/impossibility
loss/impossibility of
of ALL prestations
due, w/o debtors
fault, extinguishes
obligation
SYNONYM
S
JOINT
Obligation
To each his
own
proportionate
SOLIDARY
Obligation
individually &
collectively
DACION IN
PAYMENT
all properties
NOT act of
novation
act of novation
NOT transfer
ownership
transfer ownership
requires
partial/total insolvency
may happen
during solvency of
debtor