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Obligations and contracts hector de leon pdf

Call Number : 347.4 d278 1969 Author : De Leon, Hector S. Marc Tag Indicators 1 Indicators 2 Data 35 N N $aTEST000016214$aMain000016214 82 N N $a347.4$bd278$d1969 100 N N $aDe Leon, Hector S. 245 N N $aThe law on obligations and contracts$cHector S. De Leon 260 N N $an.p.$c1969 300 N N $a184 p. 650 N N
$aCONTRACTS$xLAWS AND REGULATIONS 930 N N $aEng 949 N N $a Loading PreviewSorry, preview is currently unavailable. You can download the paper by clicking the button above. I cried when I realized that this was the 1st law book I ever finished. (Well, technically speaking, I am wrong because this is only a
teensy-weensy part of the civil code.) Nevertheless, I owe it all to my awesome professor who was the very reason I read the book enthusiastically. Without him as a guide, I doubt I'd ever finish the book. I cried when I realized that this was the 1st law book I ever finished. (Well, technically speaking, I am wrong because this is only a teensy-weensy
part of the civil code.) Nevertheless, I owe it all to my awesome professor who was the very reason I read the book enthusiastically. Without him as a guide, I doubt I'd ever finish the book. ...more Page 2 The book includes an introduction to law to provide readers a background on obligations and contracts and other business law coursesa study guide
is provided at the end of every chapter or section and is designed to, among other things, primarily test and further increase the understanding of the provisions of law by the studentthe book was written for ease of reading and comprehension, especially for those who are learning about law for the first 1. Orders are processed daily from Monday to
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However, Rex Book Store shall properly coordinate with its authorized courier who is responsible for the shipment, to properly compensate the customer.RETURNS1. If you would like to return a book purchased in Rex e-Store due to product defect, Rex Book Store shall facilitate a replacement. However, shipping and handling charges are non-
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You can cancel your order provided that the order has not undergone our shipping process.2. Please send an email to orders@rexestore.com You don't have any courses yet.You don't have any books yet.You don't have any Studylists yet.You haven't viewed any documents yet. OBLIGATIONS AND CONTRACTS by: Hector S. de Leon 1 of 2 Obligation –
is a JURIDICAL NECESSITY to give, to do or not to do (a.115) “Obligatio” – Latin word meaning tying or binding “Obligation is a LEGAL RELATION established between one party and another whereby the latter is bound to the fulfillment of a PRESTATION (the conduct which has to be observed by the Debtor/Obligor) which the former may demand
from him Juridical Necessity – in case of non-compliance the courts may call upon to enforce its fulfillment or, the economic value it represents. Damages – represents the SUM OF MONEY given as a compensation for the injury or harm suffered by the creditor/oblige for the violation of his rights. Creditor or Obligee – he who has the RIGHT TO THE
PERFORMANCE of the Obligation. Debtor or Obligor – he who has the Obligation to comply otherwise shall be visited by Harmful/ Undesirable Legal Consequences NATURE OF OBLIGATIONS (CC): 1. Civil Obligations – obligations which give to the creditor/obligee a RIGHT OF ACTION in courts of justice to enforce their performance. 2. Natural
Obligations – NOT based on Positive Law (Law recognized by gov’t authority); but on EQUITY and NATURAL LAW (derived from nature and binding upon society); does NOT grant a Right of Action to enforce their performance; if voluntary fulfillment by debtor, cannot recover what has been delivered ESSENTIAL ELEMENTS OF OBLIGATIONS: (1)
Active Subject (Creditor/Obligee) – or the person who is entitled to DEMAND the fulfillment of the obligation; he who has the RIGHT (2) Passive Subject (Debtor/Obligor) – person who is bound to the fulfillment of the obligation; he who has the DUTY/OBLIGATION (3) Object/Prestation – SUBJECT MATTER of the obligation or the CONDUCT required
to be observed by the debtor (giving, doing, or not doing) (4) Juridical Tie/Legal Tie – EFFICIENT CAUSE or that which BINDS OR CONNECTS the parties to the obligation. The tie can be be easily determined by knowing the source of obligation. Example: X bound himself to construct a house for Y for 1M, contract X – is the debtor/obligor/passive
subject Y – is the creditor/oblige/active subject House – object/prestation Contract – juridical tie Wrong/ Cause of Action – ACT OR OMISSION of one party in violation of the legal right(s) of another, causing injury to the latter. Example: breach of contract ESSENTIAL ELEMENTS OF THE CAUSE OF ACTION: 1. Essential Elements: a. There is a
LEGAL RIGHT in favor of a person b. There is a LEGAL OBLIGATION on the part of another c. There is an ACT or OMISSION in breach or violation of the said right by the defendant (one being sued in civil action or prosecuted in a criminal action) with consequential injury or damage to the plaintiff (one who brings an action at law) for which he may
maintain an act for damages or appropriate relief (assistance) 2. If any element is absent, complaint becomes vulnerable to motion to dismiss on the ground of failure to state a cause of action 3. A cause of action only arises when the last element occurs the moment a right has been transgressed (trespassed). a. Right of action distinguished from
maintain b. Right of action/Right to commence ii. Right to maintain an action b. For every Right enjoyed by a person, there is a corresponding obligation on the part of another to respect such right. (Contracts) accrues only when an actual breach or violation occurs Period of Prescription – from the occurrence of breach Injury – the ILLEGAL
INVASION of a legal right; wrongful act or omission which causes loss or harm to another Damage – Is the LOSS, HURT, or HARM which results from the injury Damages – denotes the SUM OF MONEY recoverable as amends for the wrongful act or omission Injury – is the LEGAL WRONG to be redressed PROOF OF LOSS FOR INJURY: There must
be (1) Wrongful Violation of a legal right/ Injury; (2) Loss or Damage caused to him by such violation * One who makes use of his legal right does no injury * Qui jure suo utitur mullum damnum facit * If damages result from a person’s exercise of legal right * Damnum absque injuria (damage without injury) As a General Rule, the Law does not require
any FORM in Obligations arising from contract nor from other sources Action per Contracts should be brought within 10 YEARS from the time the Right of Action Accrues Add a review and share your thoughts with other readers. Be the first. Add a review and share your thoughts with other readers. Be the first.
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