Obligations and Contracts: Sources 2006 Lectures of Atty. Lydia Galas (Hann Sevilla), 2007 Case Digests (from Erwin Vicente), Book of Tolentino, RAM NotesCompiled by: Hanniyah Sevilla, Christ May Andolana, Ferlyn Ong for 4
year Batch 2009
Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which according to their nature, may be inkeeping with good faith, usage and law. Since a contract has the force of law between parties, each is bound to fulfillwhat has been expressly stipulated therein.
does not apply to attorney’s contracts: courts can decide whether or not attorney’s fees are reasonable.
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII,of this book.
A quasi-contract is a juridical relation which arises from certain lawful, voluntary and unilateral act/s executed bysomebody for the benefit of another and for which the former must be indemnified to the end that no one shall beenriched or benefited at the expense of another; It is a kind of contract created without the consent of one party butwhose missing consent is given by law (presumptive consent).
Characteristics of a Quasi-Contract
a.The acts executed must be lawfulb.The acts executed must be voluntaryc.The acts executed must be unilateral
TWO PRINCIPLE TYPES
NEGOTIORUM GESTIO - (officious manager) juridical relation which takes place when somebody takescharge of the agency or management of the business or property of another without any power form the latter.The owner shall reimburse the gestor for the necessary and useful expenses incurred by the latter, and for thedamages suffered by him in the performance of his functions.
SOLUTIO INDEBITI– a juridical relation which takes place when somebody received something fromanother without any right to demand for it, and the thing was unduly delivered
(compared to Art.22 or unjust enrichment wherein there was no mistake). Obligation to return the thing arises on the part of therecipient.
Civil obligations arising from criminal offenses shall be governed by the penal laws,subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, PreliminaryTitle on Human Relations, and of Title XVIII of this Book, regulating damages.
Basis is Article 100 of RPC, that every person criminally liable is also civilly liable
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.
Chapter 2- NATURE AND EFFECT OF OBLIGATIONSArt. 1163.
Every person obliged to give something is also obliged to take care of it with theproper diligence of a good father of a family, unless the law or the stipulation of the partiesrequires another standard of care.
Refers to the obligation to give.
The obligation to give may refer to a determinate object / thing or to an indeterminate or generic thing.
A generic thing/ indeterminate thing
is one that is indicated by its kinds, without being designated anddistinguished from the others of the same kind. In an obligation to deliver a generic or indeterminate thing, the thing isdeterminable and becomes determinate from the time the obligation has been fulfilled or performed. A generic thing issomething which is not particularized or specified but has reference to a class or genus.
limited generic obligation
is one when a the generic objects are classified to a particular class, i.e. one of my cars
A Determinate thing
is something which is susceptible of particular designation or specification. It is one which isindividualized and can be identified or distinguished form the others of its kind.