Professional Documents
Culture Documents
Mendoza
BSEE 5
NWSSU
Example
Gaya bought a refrigerator from Tito but Gaya did
not pay the refrigerator. If after demand, Gaya still
did not pay, Tito can sue Gaya in Court either to
demand payment or for recovery of the refrigerator.
Juridical Tie
Debtor
Or Obligor
To give, to do
or not to do
Creditor
or Obligee
Example:
Gaya enters into a contract of sale with Tito who paid the
purchase of a GE refrigerator. Gaya did not deliver the
refrigerator. Gaya is the passive subject or debtor and Tito
is the active subject or creditor. The object or prestation is
the GE refrigerator and the obligation to deliver is the
legal tie or the vinculum juris which binds Gaya and Tito.
Source of Obligations
1. LAW as a source of obligations
2.
Although contracts have the force of law, it does not mean that contract are over
and above the law. Contracts are with the limitations imposed by law in Art. 1306,
NCC, it states that the contracting parties may establish such stipulations, clauses
terms and conditions as, they may deem convenient, provided that are not
contrary to law, morals, good custom, public order or public policy.
2 Kinds of Quasi-contracts
1. Solutio Indebiti (Payment by mistake)
It is the juridical relation which arises when a person is obliged to return something
received by him through error or mistake.
ExampleArvin owed Ian the sum of P1, 000.00. By mistake, Arvin paid P2, 000.00. Ian has
the obligation to return the P1, 000.00 excess because there was payment by
mistake.
2. Negotiorum gestio (management of anothers property)
It is the voluntary management or administration by a person of the abandoned
business or property of another without any authority or power from the latter. (Art.
2144, NCC)
ExampleVictor, a wealthy landowner suddenly left for abroad leaving his livestock farm
unattended. Ramon, a neighbor of Victor managed the farm thereby incurring
expenses. When Victor returns, he has the obligation to reimburse Ramon for the
expenses incurred by him and to pay him for his services. It is bases on the
principle that no one shall enrich himself at the expense of another.
Requisites of a quasi-delicts
There must be fault of negligence attributable to the
offended;
There must be damage or injury caused to another;
There is no pre-existing contract.
3.
its fruitsThe creditor has a right to the fruits of the thing from the
time the obligation to deliver it arises. However, he shall acquire
no real right over it until the same have been delivered to him.
(Art. 1164, NCC)
Example a binds himself to sell his horse to B for fro P10, 000.
No date nor condition is stipulated for delivery of the horse.
Later, the horse gave birth to a colt. A has right to the colt, if B
has not paid the horse. Before delivery, B does not acquire
ownership over it.
Definition of terms:
Determinate thing a thing is determinate when it is
particularly designated or physically segregated from all
others from the same class. (Art. 1460, NCC)
2. Indeterminate or generic thing A thing is generic when
it refers to a class or thing or genus and cannot be
designated with particularity. (Art. 1460, NCC)
3. Fortuitous Events those events which could not be
foreseen or which though foreseen were inevitable. (Art.
1174, NCC)
1.
tenor; or
When the obligor poorly performs the obligation.
ART. 1168. When the obligation consists in not doing, and the
ExampleA bought a land from B. It was stipulated that A would not construct a
fence in a certain portion of his land adjoining that land sold by B.
Should A construct a fence in violation of the agreement, B. can bring
an action to have the fence remove at the expense of A.
delay from the time the obligee judicially or extra - judicially demands
from theme the fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in
order that delay may exist:
( 1 ) When the obligation or the law expressly declares; or
( 2 ) When from the nature and the circumstances of the obligation
it appears that the destination of the time when the thing is to be
delivered or the service is to rendered was controlling motive for the
establishment of
the contract; or
( 3 ) When demand would be useless, as when the obligor has
rendered it beyond his power to perform.
In reciprocal obligations, neither party incurs in delay if the other
does not comply in a proper manner with what is incumbent upon
him. From the moment one of the parties fulfills his obligation, delay
by the other begins. ( 1100a )
Delay ( Mora )
means a legal delay or default and it consists of failure
discharge a duty resulting to ones own disadvantaged.
The debtor incurred delay if:
The debtor fails to perform his obligation when it falls due; and
A demand has been made by the creditor judicially or extra
judicially.
Example
Gaya obliged herself to deliver a determinate horse to Tito on
June 20. this year. Gaya failed to delivered on the agreed date, Is
Gaya already on delay on June 20, only when Tito makes a
judicial or extra-judicial demand and from such date of
demand when Gaya is on default or delay.
5.
Kinds of delay
Mora solvendi delay on the part of the debtor.
Mora accipiendi delay on the part of the creditor, like
obligation.
Kinds of Damages
1.
1.
fortuitous events
Example Gaya obliged herself to deliver a determine car to
Tito on Dec. 30, 1998. Before the arrival of the period, the car
was struck by lightning and was totally destroyed. Gaya
cannot be held responsible for the destruction of the car,
hence her obligation to deliver is extinguished.
fortuitous even).
a.
special laws.
Note: C.B. Circular No. 905 suspends the ceilings in the usury law.
Kinds of interest
1.
Conventional
2.
3.
Legal Interest
Lawful Interest
4.
Usurious Interest
ART. 1177.
Rights of Creditors
In order to satisfy their claims against the debtor, creditors have the
following successive rights:
1.
2.
to exercise all the rights and actions of the debtor, except, such as
are inherently personal to him; and
3.
to ask for the rescission of the contracts made by the debtor in fraud
of their rights.
Elements of Contract
1.
2.
Stages of A Contract
1.
2.
3.
Characteristics of Contracts
1.
2.
3.
4.
Classification of A Contract:
(FORM)
1. As to perfection
6. According to cause
7. According to form
a. Oral by word of mouth of the parties
b. Written the agreement which is reduced in writing
which may be public or private or private document
Determination of Performance
by Third Person
Section 1. Consent
Art. 1319 Consent is manifested by the meeting of the
offer and the acceptance upon the thing and the cause
which are to constitute the contract. The offer must be
certain and the acceptance absolute. A qualified
acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the
offerer except from the time it came to his knowledge.
The contract in such a case, is presumed to have been
entered into the place where the offer was made. (1262a)
reported by:
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