Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
58943779 Obligations Contracts Adobe

58943779 Obligations Contracts Adobe

Ratings: (0)|Views: 18 |Likes:
Published by bibs0630

More info:

Published by: bibs0630 on Nov 18, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

12/04/2012

pdf

text

original

 
1
CIVIL LAW MEMORY AID COMMITTEE:
Chairperson
: OLIVIA B. CORNEJO
; EDP 
: JUDITH Y. RAMOS
Members:
Malou Ababa, Jinky Mangantulao, Ana Liza Pural, Roderick Reyes, Ma. Janice Tejano, Anna Leah Y. Tiongson, Alwin Bryan Villaflor 
MEMORY AID IN CIVIL LAW
SAN BEDA COLLEGE OF LAW2002 CENTRALIZED BAR OPERATIONS
Reroduction in an form of this co is strictl rohibited!!!
OBLIGATIONS ANDCONTRACTS
I.OBLIGATIONS
OBLIGATION
a juridical necessity to give, to do, or not todo.
Requisites:1.juridical or legal tie2.active subject (obligee or creditor)3.passive subject (obligor or debtor)4. fact, prestation or service constituting theobject of the obligation
Requisites:1.it must be licit2.it must be possible, physically & juridically3.it must be determinate or determinable4.it must have a possible equivalent inmoney
Sources:1)Law2)Contracts3)Quasi-contracts4)Delicts5)Quasi-delicts
QUASI-CONTRACTS
 –those juridicalrelations arising from lawful, voluntary andunilateral acts, based on the principle that noone shall be unjustly enriched or benefited at theexpense of another.
Principal Kinds of Quasi-contracts:1.Negotiorum gestioarises whenever aperson voluntarily takes charge of theagency or management of the businessor property of another without any power or authority from the latter 2.Solutio indebitiarises whenever aperson unduly delivers a thing throughmistake to another who has no right todemand it.
NATURE OF OBLIGATIONS1.Personal Obligations
 –obligations to doa)Positiveb)Negative
2.Real Obligations
obligations to givea)Determinate or specificb)Generic
RIGHTS OFACREDITORDeterminateGeneric
1. compel specificperformance;2.damages, exclusiveor in addition tospecific performance;3. entitlement to fruits,interests from the timethe obligation todeliver arises.1.ask for performanceof the obligation2. ask that theobligation be compliedwith at the expense of the debtor 3. damages in case of breach
OBLIGATIONS OF THE DEBTORDeterminateGeneric
1.specificperformance;2.take care of thething with the proper diligence of a goodfather of a family;3.deliver allaccessions andaccessories of thething even though theymay not have beenmentioned;4.pay damages incase of breach of theobligation by reason of delay, fraud,negligence or contravention of thetenor thereof.1.deliver the thingwhich is neither of superior nor inferior quality;2.damagesin caseof breach of theobligation by reason of delay, fraud,negligence or contravention of thetenor thereof.
EFFECTS OF BREACHPositive PersonalObligationsNegative PersonalObligations
The creditor can:(1) have the obligationperformed or executedat the expense of theobligor;(2) ask that what hasbeen poorly done beundone;(2) recover damagesbecause of breach of the obligation (Art.1167)The creditor can(1) have the obligationundone at the expenseof the obligor; and(2) ask for damages.(Art. 1168)
Cases wheretheremedy granted under Art.1168 is not available:
1)Where the effects of the act whichisforbidden, are definite in character 2)Where it would be physically or legallyimpossible to undo what has been undonebecause of the very nature of the act itself or because of a provision of law, or because of conflicting rights of 3
rd
persons
BREACH OF OBLIGATIONS
1.
Voluntary
 –debtor,in the performance of the obligation,is guilty of:
 
2
CIVIL LAW MEMORY AID COMMITTEE:
Chairperson
: OLIVIA B. CORNEJO
; EDP 
: JUDITH Y. RAMOS
Members:
Malou Ababa, Jinky Mangantulao, Ana Liza Pural, Roderick Reyes, Ma. Janice Tejano, Anna Leah Y. Tiongson, Alwin Bryan Villaflor 
MEMORY AID IN CIVIL LAW
SAN BEDA COLLEGE OF LAW2002 CENTRALIZED BAR OPERATIONS
Reroduction in an form of this co is strictl rohibited!!!
a.default
(mora)
b.fraud
(dolo)
c.negligence
(culpa)
d.contravention of the tenor of theobligation
debtor is liable for damages2.
Involuntary
 –debtor is unable to complywith his obligation because of fortuitousevent
debtor is not liable for damages
DEFAULT or DELAY
non-fulfillment of the obligation withrespect totime
Requisites:1)Obligation is demandable and alreadyliquidated2)The debtor delays performance3)The creditor requires performance judiciallyor extra-judicially
3 Kinds:1)Mora solvendidelay of the debtor toperform his obligation2)Mora accipiendidelay of the creditor toaccept the delivery of the thing w/c is theobjectof the obligation3)Compensatio moraedelay of the parties inreciprocal obligation
When incurred:
  
GENERAL RULE:
There must be aDEMAND(judicial or extra-judicial) before delay may beincurred.
  
EXCEPTIONS:
1.obligation or law expressly so declares2.time is of the essence3.demand is useless as when obligor hasrendered beyond his power to perform4.there is acknowledgment of default
There can be delay only in positiveobligations.There can be no delay in negativeobligations.
In reciprocal obligations oneparty incurs indelay from the moment the other party fulfills hisobligation, while he himself does not comply or is not ready to comply in a proper manner withwhatis incumbent upon him.
FRAUD
deliberate and intentional evasion of thefulfillment of an obligation.
Incidental Fraud/
doloincidente
(Art. 1170)
Causal Fraud/
dolocausante
(Art. 1338)1. Present during theperformance of a pre-existing obligationPresent during thetime of birth of theobligation2. Purpose is to evadethe normal fulfillmentof the obligationPurpose is to securethe consent of theother to enter into acontract3. Results in the non-fulfillment or breach of the obligationResultsin the vitiationof consent4. Gives rise to a rightof the creditor torecover damages fromthe debtor Gives rise to a right of an innocent party toannul the contract
NEGLIGENCE
omission of that diligence which is required bythe nature of the obligation and correspondswith the circumstances of the persons, of thetime and of the place
DILIGENCE REQUIRED
1.That agreed upon by the parties;2.In the absence of stipulation, that requiredby law in the particular case;3.If both the contract and law are silent,diligence of a good father of a family
FORTUITOUS EVENT
an event w/c could not be foreseen or w/cthough foreseen was inevitable
Requisites:1.cause is independent of the will of the debtor 2.the event must beunforeseeableounavoidable3.occurrencemust be such as to render itimpossible for the debtor to fulfill hisobligation in a normal manner 4.debtor must be free from any participation in5.the aggravation of the injury resulting to thecreditor 
  
GENERAL RULE:
No liability in case of fortuitous event.
  
EXCEPTIONS:
1When expressly declared by law
E.g. Art. 552(2), 1165(3), 1268,1942, 2147, 2148 and 2159 of theCivil Code.2When expressly declared bystipulation or contract3When the nature of the obligationrequires the assumption of risk4When the obligor is in default or haspromised to deliver the same thing to2 or more persons who do not havethe same interest (Art. 1165(3)).
EFFECT OF FORTUITOUS EVENTDeterminateObligationGeneric Obligation
obligation is extin-guishedobligation is notextinguished based onthe rule that a genusnever perishes
REMEDIES OF CREDITOR TO PROTECTCREDIT:
1)Exhaustion of debtor’s property
 
3
CIVIL LAW MEMORY AID COMMITTEE:
Chairperson
: OLIVIA B. CORNEJO
; EDP 
: JUDITH Y. RAMOS
Members:
Malou Ababa, Jinky Mangantulao, Ana Liza Pural, Roderick Reyes, Ma. Janice Tejano, Anna Leah Y. Tiongson, Alwin Bryan Villaflor 
MEMORY AID IN CIVIL LAW
SAN BEDA COLLEGE OF LAW2002 CENTRALIZED BAR OPERATIONS
Reroduction in an form of this co is strictl rohibited!!!
2)Accion subrogatoriato be subrogated toall the rights and actions of the debtor savethose which are inherent in his person3)Accion pauliana-impugn all the acts w/c thedebtor may have done to defraud them.
2
nd
& 3rd remedies are subsidiary to the first
  
GENERALRULE:
Rights acquired by virtue of an obligation are transmissible in character 
  
EXCEPTIONS:
1)When they are nottransmissible by their very nature e.g. purely personal right2)When there is a stipulation of the parties thatthey are not transmissible3)Not transmissible by operation of law
PURE OBLIGATION
one whose effectivity or extinguishment doesnot depend uponthe fulfillment or non-fulfillmentof a condition or upon the expiration of a term or period
CONDITIONAL OBLIGATION
one whose effectivity is subordinated to thefulfillment or non-fulfillment of a future anduncertain fact or event
Kinds of conditions:
1.Suspensivefulfillment of the conditionresults in the acquisition of rights arising outof the obligation2.Resolutoryfulfillment of the conditionresults in the extinguishments of rightsarising out of the obligation3.Potestativefulfillment of theconditiondepends upon the will of a party to theobligation4.Casualfulfillment of the condition dependsupon chance and/or upon the will of a thirdperson5.Mixedfulfillment of the condition dependspartly upon chance and/or the will of a thirdperson6.Impossiblecondition is not capable orealization according to nature, law, publicpolicy ar good customs7.Impossible-condition is not capable of realization according to nature, law, publicpolicy ar good customs8.Positivecondition involves theperformance of an act9.Negative-condition involves the omission oan act10.Divisiblecondition is susceptible of partialrealization11.Indivisible-condition is not susceptible of partial realization12.Conjunctivewhere there are severalconditions, all of which must be realized13.Alternativewhere there are severalconditions but only one must be realized
Rule in Potestative Conditions
a.If the fulfillment of the potestative, thecondition depends upon the will of thedebtor, the condition as well as theobligation itself is void.b.if the fulfillment depends exclusivelyupon the will of the creditor, both thecondition and obligation is valid.
Rule in Impossible Conditions
  
GENERAL RULE:
Theyshall annul theobligation which depends upon them.
  
EXCEPTIONS:
1.
pre-existing obligation
2.
if obligation is divisible
3.
in simple or renumenatory donations
4.
in testamentary dispositions
5.
in case of conditions not to do an impossiblething
Effects of Suspensive Condition
1.Before fulfillment of the condition, thedemandability aswell as the acquisition or effectivity of the rights arising from theobligation.2.After the fulfillment of the condition, theobligation arisies or becomes effective.3.The effects of a conditional obligation to giveonce the condition has been fulfilled, shallretroact to the day of the constitution of theobligation but not as to fruits & interest4.When the obligation imposes reciprocalprestations upon the parties, the fruits &interests shall be deemed to have been mutuallycompensated5.If the obligation is unilateral, the debtor shallappropriate the fruits & interests received,unless from the nature & circumstances it shouldbe inferred that the intention of the personsconstituting the same was different
Constructive fulfillment of SuspensiveCondition:
the condition shall be deemedfulfilled when the obligor prevents its fulfillment
Effects of Resolutory Condition
1.Before the fulfillment of the of the condition,the right which the creditor has already acquiredby virtue of the obligation is subjectto a threat of extinction.2.Upon fulfillment of the condition, the partiesshall return to each other what they received
EFFECTSOF LOSS, DETERIORATION ANDIMPROVEMENT IN REALOBLIGATIONS1.Loss
a.
without debtor’s fault 
 –obligation isextinguishedb.
with debtor’s fault 
 –debtor paysdamages
2.Deterioration
a.
without debtor’s fault 
 –impairment to be

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->