January 25, 2021 (3rd Meeting) Civil Law Review 2

Discuss only the important provisions:

In prescription, we discussed about delay.

Delay -> demand

Judicial or extrajudicial

Is there exception for the no demand no delay rule?

Art. 1169
When time is of the essence (agreed upon by the parties)
When t

Issue on reciprocal obligations:

No need for demand -last pr of 1169

Why ?

Reciprocal – Obligor oblige at the same time

When one party is ready to fulfill, the other delay begins (Megaworld case)

General rule: Demand is necessary

Exception 1169

Fortuitous event
Requisites
Example
General Rule

Exception 1174
1165
Exception to the Exception

Delay prior to fortuitous event

Carnapping, not a fortuitous event per se

No negligence and there is exercise of due diligence

When answering, identify the requisites

Requisites, Exceptions, Jurisprudence

Article 1163

Read cases, shipping of ship

Determinate vs indeterminate thing

Fort. Event
Genus never perishes

If lost is a specific thing, loss extinguishes obligation

Kind of obligations as to classifications

According to peculiarity of prestation

According to number of prestaion

According to number of party

Divisible or indivisible obligations

Condition: Future and uncertain event

Reckoning period

Retroacts with the date of the obligation

Basis is not the date of fulfillment

Liberality
Mutuality
Relativity

When can a debtor cannot use a period

1198

Presumption, benefit of creditor and debtor

PUNITIVE
Breach
Compensatory
Damages

Requisites

Condonation

If the purpose of the execution of the new promisorry note is to amend/restructure the old one.
Novation is not presumed

2 obligations may not exist independently of each other.

If original remains, just another obligation

New obligation must extinguish old obligation

New is now the terms of the party

Read casino chips case

Next meeting, start contacts, and begin oblicon