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OBLIGATION - Ju
OBLIGATION - Ju
4 ELEMENTS OF OBLIGATION
1. ACTIVE SUBJECT (creditor/obligee) – whose obligation is constituted
2. PASSIVE SUBJECT (debtor/obligor) – has duty to give, to do or not to do
3. OBJECT/PRESTATION – subject matter
4. JURIDICAL/LEGAL TIE (vinculum/efficient cause) – reason
5 SOURCES OF OBLIGATION
1. LAW
2. CONTRACTS
3. QUASI-CONTRACTS – arise from lawful, voluntary acts; no one shall be unjustly enriched...
2Kinds
a. Solutio indebiti – something received (delivered on a mistake), no right to demand it
b. Negotiorum gestio – voluntary mgt of property/affairs of another w/o his knowledge/consent
4. QUASI-DELICT/TORTS/CULPA AQUILIANA – arise from damage; fault/negligence
5. CRIMES/ACTS/OMISSIONS punished by law – arise from civil liability that is a consequence of a
criminal offense
3 KINDS OF FRUITS
1. NATURAL – w/o human intervention
2. INDUSTRIAL – w/ human intervention
3. CIVIL – derived by virtue of juridical relation
1. DEFAULT/MORA – delay
3kinds
a. Mora solvendi – debtor’s delay to give (real ob.), to do (personal ob.)
b. Mora accipiende – creditor’s delay to accept
c. Compensatio Morae – delay of both in reciprocal obligation
CONCEPT OF DELAY
General Rule: No demand, No delay
Exceptions:
1. Law states
2. Obligation states
3. Time is the essence
4. Demand be useless if delay
5. Debtor guilty of delay
EFFECTS OF DELAY
1. Damages
2. When to deliver determinate thing, STILL LIABLE in fortuitous event.
2. FRAUD/DOLO – conscious, deliberate, intentional evasion of fulfillment
2Kinds
a. Dolo causante/Causal fraud – fraud in obtaining consent; consent is defective, contract is voidable.
Remedy: annulment
b. Dolo incidente/Incidental fraud – fraud w/c vitiates consent. Remedy: damages
TRANSMISSIBILITY OF RIGHTS
General Rule: ALL RIGHTS are transmissible.
Exceptions:
1. Law states
2. Contract states
3. Obligation is purely personal
10 Kinds of Obligation
1. Pure
2. Conditional
3. Alternative
4. Facultative
5. Joint
6. Solidary
7. Divisible
8. Indivisible
9. Obligation w/ a period
10. Obligation w/ a penal clause
1. PURE OBLIGATION
- w/o condition, demandable at once (pure has resolutory condition/period)
2. CONDITIONAL OBLIGATION
- there is condition in performance; future & uncertain
2Kinds
a. Suspensive condition – happening of condition gives RISE to obligation
b. Resolutory condition – happening of condition EXTINGUISHES obligation
RULES in case of Loss, Improvement, or Deterioration of thing during the pendency of condition
1. LOST
a. w/ debtor’s fault – damages
b. w/o debtor’s fault – extinguishes obligation
2. DETERIORATION
a. w/ debtor’s fault - (1) cancel obligation & damages; or (2) fulfill obligation w/ damages
b. w/o debtor’s fault – creditor suffer impairment
3. IMPROVEMENT
a. By nature/time – benefit to creditor
b. at expense of debtor – debtor no right than that granted to usufructuary (debtor no right to
compensate amount for improvement)
3. OBLIGATION W/ A PERIOD
- demandability/extinguishment subject to the expiration of period
PERIOD – interval of time; either suspends demandability or produces extinguishment
PERIOD CONDITION
Certain Uncertain
Future only Future/past but unknown
Influence upon obligation only upon its Influence upon obligation on the very existence of
demandability obligation itself
4. ALTERNATIVE OBLIGATION
- w/ 2 or more prestations, only 1 is due.
5. FACULTATIVE OBLIGATION
- w/ ONLY 1 prestation but can be substituted.
ALTERNATIVE OBLIGATION
FACULTATIVE OBLIGATION
several prestations due, giving one is sufficient
one prestation due, but can be subtituted
right to choose (debtor) unless granted to creditor
right to choose DEBTOR ONLY
If 1 of the prestation is illegal, others may be valid, obligation remains
nullity of principal carries w/ it nullity of accessory/
substitute
loss/impossibility of ALL prestations due, w/o debtor’s fault, extinguishes obligation
loss/impossibility of presta-tion due, w/o debtor’s fault, extinguishes obligation
6. JOINT OBLIGATION
- obligation is to be paid proportionately by debtors or to be demanded proportionately by creditors
7. SOLIDARY OBLIGATION
- each one of debtors has right to render or each one of creditors has right to demand the entire
compliance w/ prestation
MAXIMS
SYNONYMS
JOINT Obligation
“To each his own”
proportionate
SOLIDARY Obligation
“One for all, all for one”
individually & collectively
8. DIVISIBLE OBLIGATION
- prestation is capable of partial performance
9. INDIVISIBLE OBLIGATION
- prestation incapable of partial performance
1. PAYMENT/PERFORMANCE
- Payment means delivery of money & performance of obligation
2 PLACE OF PAYMENT
1. At place agreed upon
2. If w/o agreement
a. Object is indeterminate – paid at domicile of DEBTOR
b. Object is determinate – place of thing at the time of constitution of obligation
a. APPLICATION OF PAYMENT
- designation of debt to w/c payment must be applied when debtor has several obligations of same kind
in favor of same creditor.
b. CESSION
- debtor abandons ALL his property for creditor’s benefit to obtain payment from proceeds of his
property
CESSION
DACION IN PAYMENT
all properties
NOT all properties
require more than 1 creditor
NOT require all creditors
NOT act of novation
act of novation
NOT transfer ownership
transfer ownership
requires partial/total insol-vency
may happen during solvency of debtor
5 REQUISITES OF CONSIGNATION
1. Debt due.
2. Creditor refused the tender of payment w/o just cause
3. Notice of consignation already given to persons interested in fulfillment of obligation
4. Consignation of thing/amount due
5. Subsequent notice of consignation to interested persons
3. CONDONATION/REMISSION
- gratuitous abandonment of right by the creditor
4. CONFUSION/MERGER
- meeting in 1 person of qualities of debtor & creditor w/ same obligation
2. As to origin or cause
a. LEGAL – by law
b. VOLUNTARY/CONVENTIONAL – agreement of parties
c. JUDICIAL – order from the court
d. FACULTATIVE – 1 of parties can choose/oppose claiming compensation
6. NOVATION
- substitution/change of obligation
- substitution of debtor
- subrogation of creditor
4 REQUISITES OF NOVATION
1. Old valid obligation.
2. Agreement of parties to new obligation.
3. Extinguishment of old obligation.
4. Validity of new obligation.
7. SUBROGATION
- change of creditor
2 KINDS OF SUBROGATION
1. CONVENTIONAL – consent of original parties & 3rd person
2. LEGAL – by law
a. creditor pays another preferred creditor even w/o debtor’s knowledge
b. 3rd person pays the express approval of debtor
c. 3rd person pays even w/o knowledge of debtor