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4oblicon

4oblicon

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Published by: Irish Domingo on Jun 25, 2012
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11/15/2012

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San Beda College of Law
85
M
EMORY 
A
ID
 
IN
C
IVIL
L
AW
OBLIGATIONS AND CONTRACTS
I.
OBLIGATIONS
OBLIGATION
A juridical necessity to give, to do, ornot to do (Article 1156), oneimpressed with the character of enforceability.
Requisites:
a.juridical or legal tie or efficientcauseb.active subject (obligee orcreditor)c.passive subject (obligor ordebtor)d.fact, prestation or serviceconstituting the object of theobligation
Requisites:
i)it must be licitii)it must be possible,physically & juridicallyiii)it must be determinate ordeterminable
iv)
it must have a possibleequivalent in money
Sources (Article 1157):
1.Law2.Contracts3.Quasi-contracts4.Delicts5.Quasi-delicts
QUASI-CONTRACTS
 
Those juridical relations arising fromlawful, voluntary and unilateral acts,by virtue of which the parties becomebound to each other, based on theprinciple that no one shall be unjustlyenriched or benefited at the expenseof another.
Principal Kinds of Quasi-contracts:
1.
Negotiorum gestio
- arises whenevera person voluntarily takes charge of the agency or management of thebusiness or property of anotherwithout any power or authority fromthe latter.2.
Solutio indebiti
- arises whenever aperson unduly delivers a thingthrough mistake to another who has noright to demand it.
QUASI-DELICTS
 
An act or omission by a person(tortfeasor) which causes damage toanother giving rise to an obligation topay for the damage done, there beingfault or negligence but there is nopre-existing contractual relationbetween the parties (Article 2176).
Requisites:
1.
There must be an act oromission;
2.
There must be fault ornegligence;
3.
There must be damagecaused to the plaintiff;
4.
There must be a directrelation of cause and effectbetween the act or omission andthe damage; and
5.
There is no pre-existingcontractual relation between theparties.
NOTES:
The same negligent act or omissioncausing damage may produce civilliability arising from crime under Art.100 of the RPC or create an action forquasi-delict under Article 2176.
While it is true that in order that aperson may be liable for quasi-delicts, there must be no pre-existingcontractual relationship between theparties, yet,
the act that breaksthe contract may also be a tort
.”(
 Air France vs. Carrascoso, 18 SCRA155)
.
Nature of Obligations
1.
Personal Obligations
- obligationsto doa.Positive – obligation to dob.Negative – obligation not to do
2.
Real Obligations
-
obligations to give
C
IVIL
L
AW
C
OMMITTEE
 
 
C
HAIRPERSON
:Romuald Padilla
 
A
SST
.C
HAIRPERSON
: Vida Bocar, Joyce Vidad
 
EDP : Alnaiza Hassiman, Dorothy Gayon
 
S
UBJECT
H
EADS
:Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. RhodoraFerrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), JohnStephenQuiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), AnthonyPurganan(LTD),Ma. Ricasion Tugadi (Conflict of Laws)
 
86
2005
C
ENTRALIZED
B
 AR 
O
PERATIONS
a.Determinate or specific – objectis particularly designated orphysically segregated from allother of the same classb.Generic object is designatedmerely by its class or genus
c.
Limited generic thing – when thegeneric objects are confined to aparticular class, e.g. anobligation to deliver
one of my horses
(Tolentino, Volume IV, p.91).
PERSONAL vs. REAL RIGHTPersonalReal
1.
 
 jus ad rem
, aright enforceableonly against adefinite person orgroup of persons
1.
 
 jus in re
, a rightenforceable againstthe whole world
2.
right pertainingto the person todemand fromanother, as adefinite passivesubject, thefulfillment of aprestation to give,to do or not to do.
2.
right pertainingto a person over aspecific thing,without a passivesubject individuallydetermined againstwhom such rightmay be personallyenforced
RIGHTS OF A CREDITOR DeterminateGeneric
1.
compel specificperformance
1.
ask forperformance of theobligation
2.
recoverdamages in case of breach of theobligation,exclusive or inaddition to specificperformance
2.
ask that theobligation becomplied with atthe expense of thedebtor
3.
entitlement tofruits, interestsfrom the time theobligation todeliver arises.
3.
recover damagesin case of breach of the obligation
Principle of Balancing of Equities asApplied in Actions for SpecificPerformance
In decreeing specific performance,equity requires not only that thecontract be just and equitable in itsprovisions, but that the consequencesof specific performance likewise beequitable and just. The general ruleis that this equitable relief will not begranted if, under the circumstancesof the case, the result of the specificperformance of the contract wouldbe harsh, inequitable, oppressive orresult in an unconscionable advantageto the plaintiff. The courts mayadjust the rights of the parties inaccordance with the circumstancesobtaining at the time of rendition of judgment, when these aresignificantly different from thoseexisting at the time of generation of those rights.
(Agcaoili vs. GSIS, G.R.No. 30056, August 30, 1988)
OBLIGATIONS OF THE DEBTOR DeterminateGeneric
1.
deliver the thingwhich he hasobligated himself togive
2.
take care of thething with theproper diligence of agood father of afamily
3.
deliver allaccessions andaccessories of thething even thoughthey may not havebeen mentioned
4.
pay damages incase of breach of the obligation byreason of delay,fraud, negligence orcontravention of thetenor thereof 
1.
deliver the thingwhich is neither of superior nor inferiorquality
2.
pay damages incase of breach of theobligation by reasonof delay, fraud,negligence orcontravention of thetenor thereof 
EFFECTS OF BREACHPositive PersonalObligationsNegative PersonalObligations
The creditor can:
1.
have theobligation performedor executed at theexpense of theobligor (except incases where thepersonalqualifications of thedebtor are taken intoaccount in whichcase the only remedyis an action fordamages)
2.
ask that what hasbeen poorly done beundoneIf the obligor doeswhat has beenforbidden him, thecreditor can:
1.
have it undone atthe expense of theobligor; and
2.
ask for damages
2005 C
ENTRALIZED
B
AR
O
PERATIONS
E
XECUTIVE
C
OMMITTEE
 
AND
S
UBJECT
C
HAIRPERSONS
 
Maricel Abarentos
(Over-all Chairperson),
Ronald Jalmanzar
(Over-all Vice Chair),
 YolandaTolentino
(VC-Acads), J
ennifer Ang
(VC- Secretariat),
 Joy Inductivo
(VC-Finance),
Elaine Masukat
(VC-EDP),
Anna Margarita Eres
(VC-Logistics).
 JonathanMangundayao
(Political Law),
Francis Benedict Reotutar
(Labor Law),
Romuald Padilla
(Civil Law),
CharmaineTorres
(Taxation Law),
Mark David Martinez
(Criminal Law),
Garny Luisa Alegre
(Commercial Law),
 Jinky AnnUy
(Remedial Law),
 Jackie Lou Bautista
(Legal Ethics)
 
San Beda College of Law
85
M
EMORY 
A
ID
 
IN
C
IVIL
L
AW
3.
recover damagesbecause of breach of the obligation
Cases where the remedy granted underArticle 1168 is not available:
1.Where the effects of the act which isforbidden, are definite in character,in which case, even if it is possiblefor the obligee to ask that the act beundone at the expense of the obligor,consequences contrary to the objectof the obligation will have beenproduced which are permanent incharacter2.Where it would be physically orlegally impossible to undo what hasbeen undone because of the verynature of the act itself or because of a provision of law, or because of conflicting rights of 3rd persons
NOTE:
In either case, the remedy is toask for damages.
BREACH OF OBLIGATIONS
1.
Voluntary
- debtor, in theperformance of the obligation, isguilty of:
a.
default
(mora)
 b.
fraud
(dolo)
c.
negligence
(culpa)
d.contravention of the tenor of theobligation 
NOTE:
debtor is liable for damages
2.
Involuntary
- debtor is unable tocomply with his obligation because of fortuitous event
NOTE:
debtor is not liable fordamages
DEFAULT or DELAY
Non-fulfillment of the obligation withrespect to time
Requisites:
1.Obligation is demandable and alreadyliquidated2.The debtor delays performance3.The creditor requires performancejudicially or extra-judicially
3 Kinds:
1.
Mora solvendi
- delay of the debtor toperform his obligation. It may be:
a.
Ex re
obligation is togive
 b.
Ex persona
– obligation isto do
2.
Mora accipiendi
- delay of thecreditor to accept the delivery of thething w/c is the object of theobligation
3.
Compensatio morae
- delay of theparties or obligors in reciprocalobligation
When incurred:
General Rule:
There must be a demand(judicial or extra-judicial) before delaymay be incurred.
Exceptions:
1.obligation or law expressly sodeclares2.time is of the essence of thecontract
3.
demand is useless as when obligorhas rendered beyond his power toperform4.there is acknowledgment odefault
NOTES:
There can be delay only in positiveobligations (to give/to do). There canbe no delay in negative obligations(not to give/not to do).
In
reciprocal obligations
one partyincurs in delay from the moment theother party fulfills his obligation,while he himself does not comply oris not ready to comply in a propermanner with what is incumbent uponhim. The general rule is thatfulfillment by both parties should besimultaneous
except
when differentdates for the performance oobligation is fixed by the parties.
Demand is still necessary if theirrespective obligations are to beperformed on separate dates
FRAUD
Deliberate and intentional evasion of the fulfillment of an obligation
 
C
IVIL
L
AW
C
OMMITTEE
 
 
C
HAIRPERSON
:Romuald Padilla
 
A
SST
.C
HAIRPERSON
: Vida Bocar, Joyce Vidad
 
EDP : Alnaiza Hassiman, Dorothy Gayon
 
S
UBJECT
H
EADS
:Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. RhodoraFerrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), JohnStephenQuiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), AnthonyPurganan(LTD),Ma. Ricasion Tugadi (Conflict of Laws)

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