REQUISITES

Ordinary Acquisitive Prescription: Requisites of a Condition:

1. Capacity to acquire by 1. Futurity
prescription 2. Uncertainty
2. The object must be susceptible of Requisites of Term
prescription
3. The possession must be in 1. Futurity
concept of owner, public, 2. Certainty
peaceful, continuous and Dation in Payment
uninterrupted
4. The possession must be in good 1. The existence of money
faith obligation
5. The possession must be by virtue 2. The alienation to the creditor of a
of a just title property by the debtor with the
6. The period of possession must be consent of the former
4years or 10 years 3. The satisfaction of the money
obligation of the debtor
Extraordinary Acquisitive
Prescription Application of Payment
1. “ 1. There must only be one debtor
2. “ and one creditor
3. “ 2. There must be two or more debts
4. The period of possession must be of the same kind
8yrs or 30yrs 3. All of the debts must be due
4. The amount paid by the debtor
Essential requisites of an obligation must not be sufficient to cover the
1. A juridical or legal tie total amount of all the debts
2. An active subject Payment by Cession
3. A passive subject
4. The fact, prestation or service 1. Plurality of debts
which constitutes the object of the 2. Partial or relative insolvency of
obligation the debtor
3. Acceptance by the creditors
Exempt from liability by fortuitous
events Special Requisites of Consignation
1. The cause of the breach of the 1. There is a debt due
obligation must be independent of 2. That the consignation has been
human or of the will of the debtor; made either because the creditor
2. The event must be either whom the tender of payment was
unforeseeable or unavoidable made refused to accept the
3. The event must be such as to payment without just cause, or
render it impossible for the debtor because any of the cause stated
to fulfill his obligation in a normal by law for effective consignation
manner without previous tender of
4. The debtor must be free from any payment exists
participation in, or aggravation of
the injury to the creditor

1
 REQUISITES
Loss of the thing due
1. The thing which is lost is
determinate
2. The thing is lost without any fault
of the debtor
3. The thing is lost before the debtor
has incurred in delay
Remission or Condonation
1. It must be gratuitous
2. It must be accepted by the obligor
3. The obligation must be
demandable
Confusion or Merger
1. The merger of the characters of
creditor and debtor must be in the
same person
2. That it must be placed in the
person of either the principal
creditor or the principal debtor
3. It must be complete and definite
Compensation
1. There must be 2 parties, who in
their own right, are principal
creditors and principal debtors of
each other
2. Both debts must consist in the
same kind and quality
3. Both debts must be due
4. Both debts must be liquidated
and demandable
5. There must be no retention or
controversy commenced by third
person over wither of the debts
and communicated in due time to
the debtor
6. The compensation must not be
prohibited by law
Extinctive Novation
1. Existence of a previous valid
obligation
2. The agreement of all the parties
to the new contract
2
3. The extinguishments of the old
obligation or contract
4. The validity of the new one
Expromission
1. The initiative of substitution must
emanate from the new debtor
2. Consent of the creditor to the
substitution
Delegacion
1. The initiative of substitution must
emanate from the old debtor
2. Consent of the debtor
3. Acceptance by the creditor
Consent
1. It must be manifested by the
concurrence of the offer and the
acceptance
2. The contracting parties must
possess the necessary legal
capacity
3. The consent must be free
intelligent, free, spontaneous and
real
Violence and Intimidation
1. One of the contracting parties is
compelled to give his consent by
a reasonable and well-grounded
fear of an evil
2. The evil must be imminent and
grave
3. The evil must be unjust
4. The evil must be the determining
cause for the party upon whom it
is employed in entering into the
contract
Fraud
1. It was employed by a contracting
party upon the other
2. It was serious
3. It resulted in damages and injury
to the party seeking annulment
 REQUISITES
Object
1. Within the commerce of men Rescission in Fraud of Creditors
2. Real or possible 1. There must be a credit existing
3. Licit prior to the celebration of the
4. Determinate, or at least, possible contract
of determination 2. There must be fraud, or at least
Sufficient cause upon which the the intent to commit such, to the
contract is funded: prejudice of the creditor seeking
the rescission
1. The cause should be in existence
3. The creditor cannot in any other
2. The cause should be licit
legal manner collect his credit
3. The cause should be true
4. The object of the contract must
Reformation of Instruments: not be legally in the possession of
1. Meeting of the minds of the a third person who did not act in
parties bad faith
2. Their true intention is not express Ratification of Voidable Contracts
in the instrument
1. Tainted with vice which is
3. Such failure to express their true
susceptible of being cured
intention is due to mistake, fraud,
2. The confirmation should be
inequitable conduct or accident
effected by the person who is
Rescission on Lesion entitled to do so under the law
1. The contract must be entered into 3. It should be effected with
by the guardian on behalf of his knowledge of the reason which
ward or by the legal renders the contract voidable
representative on behalf of an 4. The reason which rendered the
absentee contract voidable should have
2. The ward or absentee suffered a already disappeared
lesion of more than one fourth of
the value of the property which is
the object of the contract
3. The contract was entered into
without judicial authority
4. There must be no other legal
means for obtaining reparation for
the lesion
5. The person bringing the action
must be able to return whatever
he may be obliged to restore
6. The object of the contract must
not be legally in the possession of
a third person who did not act in
bad faith