LECTURE 3: OBLIGATIONS

SUPPLEMENTARY READING: R.A. NO. 386 (CIVIL CODE OF THE PHILIPPINES)

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LEARNING OBJECTIVES

1. To be able to define what obligation is and identify with understanding its

essential prerequisites and sources;
2. To be able to enumerate and discuss the different kinds of obligations; and
3. To be able to enumerate and discuss the different modes of extinguishing
obligations
4. To be able to draft documents constituting legal obligations

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UPLB
OBLIGATIONS
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 OBLIGATIONS

 Obligare, i.e., to bind through giving,

doing or not doing something
 Rights and duties emanating from ACTION- JURIDICAL
obligation may be enforced in ORIENTED NECESSITY
courts of justice which may order
their performance if effused or
neglected

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 OBLIGATIONS

 Obligare, i.e., to bind through giving,

doing or not doing something Juridical
Prestation
Tie
 Rights and duties emanating from
obligation may be enforced in
courts of justice which may order
Passive Active
their performance if effused or subject subject
neglected

REQUISITES OF OBLIGATION

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OBLIGATIONS
REQUISITES OF OBLIGATION

 Juridical tie – vinculum, bind

JURIDICAL TIE  examples: contract, verbal agreement
 Prestation – giving, doing or not doing
?  Obligor – passive subject, gives
prestation
 Obligee – active subject, demands
prestation

PRESTATION

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SOURCES OF OBLIGATIONS

LAW

CONTRACT QUASI-
S CONTRACTS

CRIMES
QUASI-DELICTS

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KIND OF OBLIGATIONS

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PURE OBLIGATION

 Need to be performed
 Regardless of past and future events
 Immediately demandable
 Examples:
 Laws
 Election or promotion

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CONDITIONAL OBLIGATION

 Dependent on conditions
 Suspensive – fulfillment leads to
another
 Resolutory – fulfillment leads to
extinguishing an obligation

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PERIODICAL OBLIGATION

 Dictated by periodicity, not events

 Occurs at regular time intervals
 Examples:
 Tax
 Rent
 Utilities

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JOINT VS. SOLIDARY

Joint Solidary
 Must be accomplished by each  Can be accomplished by any
member member
 Proportionate division  Division can be in any way

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DIVISIBLE VS. INDIVISIBLE

Divisible Indivisible
 Obligation can be done partially  Obligation must be done in full
 Until completion of the demand  Completion before due date
 Must be completed before due date

405 MW w/in 405 MW starting

10 years 2015

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ALTERNATIVE VS. FACULTATIVE

Alternative Facultative
 Presence of various prestations  Substitution of prestation
 Obligor can choose  Obligor must suggest

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OBLIGATIONS WITH PENAL CAUSE

 Addition of penalties to obligor

 Non-performance of prestations
 To ensure principal obligation

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KINDS OF OBLIGATIONS

Choose only from the

given options Propose substitutes
ALTERNATIVE FACULTATIVE
OBLIGATION OBLIGATION

OBLIGATION WITH PENAL CLAUSE

Subsidiary penalty
Joint penalty

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 MODES OF EXTINGUISHING OBLIGATIONS

1. BY PAYMENT OR PERFORMANCE
2. BY LOSS OF THE THING DUE
3. BY CONDONATION OR REMISSION OF THE DEBT
4. BY CONFUSION OR MERGER OF THE RIGHTS OF CREDITOR AND DEBTOR
5. BY COMPENSATION
6. BY NOVATION

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