OBLIGATION AND CONTRACTS SYLLABUS

EDITED BY: RENE STEVE A. GARBO, JD

OBLIGATIONS WITH A PERIOD (Art. 1193-1198)

1. Meaning;
2. Effect;
3. A day certain meaning;
4. Suspensive vs. Resolutory Condition
5. Effect of loss, deterioration, or improvement before arrival of period
6. Effect of Payment before arrival of the period
7. Rule on the power of the court to fix period
8. Instances when the debtor lose every right of period

ALTERNATIVE AND FACULTATIVE OBLIGATIONS (Art. 1199-1206)

1. Alternative vs. Facultative
2. Right of choice
a. Debtor
b. creditor
3. Effect of notice of choice
4. When the debtor lose the right of choice
5. Effect if all the things which are alternatively the object of the obligation
have been lost or the compliance becomes impossible

JOINT AND SOLIDARY OBLIGATION (Art. 1207-1222)

1. Joint vs. solidary obligation
a. General Rule;
b. Exception/s
2. Rule in joint indivisible obligation
3. Indivisibility vs. solidarity
4. Art. 1211
5. Art. 1212
6. Art. 1213
7. Rule on pay to solidary creditors
8. Liability of solidary creditors in case of novation, compensation, confusion,
or remission
9. Rule on the demand of the creditor against solidary debtor
10.Effects of payment by a solidary debtor
11. Effect of payment after obligation has prescribed or become illegal
12. Effect of remission of share after payment
13. Rule in case the thing has been lost or if the prestation has become
impossible without the fault of the solidary debtors

DIVISIBLE AND INDIVISIBLE OBLIGATION (Art. 1223-1225)

1. Divisible vs. Indivisible Obligation
2. Effect of non-compliance by a debtor in a joint indivisible obligation
 3. Art. 1225

OBLIGATIONS WITH PENAL CLAUSE (Art. 1226-1230)

1. Meaning
2. Purpose
3. Enforceability of penalty
4. Art. 1227
5. Art. 1228
6. Nullity of penal clause vs. nullity of principal obligation

EXTINGUISHMENT OF OBLIGATION

PAYMENT/PERFORMANCE (Art. 1232-1261)

1. Meaning;
2. When debt is considered paid
3. Payment/performance by third person
4. Payment made by one who does not have the capacity to dispose
5. To whom payment be made
6. Creditor cannot be compel to receive a different thing
7. Dation in payment / dation en pago
8. Rule in the delivery of an indeterminate thing
9. Rule on partial payment
10.Art. 1249
11. Inflation and deflation
12. Place of payment
13. Application of payments
a. Art. 1253
b. Art. 1254
14. Payment by cession
15. Tender of payment and consignation
a. Art. 1257 - 1261

LOSS OF THE THING DUE (Art. 1262-1269)

1. Art. 1262
2. Loss of generic thing
3. Effect of partial loss
4. Effect of impossibility of performance
5.
CONDONATION OR REMISSION OF DEBT (Art. 1270-1274)
1. Meaning;

CONFUSION OR MERGER OF RIGHTS (Art. 1275-77)

1. meaning

COMPENSATION (Art. 1278-1290)

 1. Meaning
2. Requisites

NOVATION (Art. 1291-1304)

1. Meaning
2. Requisites
3. Kinds
4. Effect owhere the new obligation is void

PART II
CONTRACTS
(Art. 1305 - 1422)

GENERAL PROVISION (Art. 1305-1317)

1. Meaning of contracts
2. Art. 1306
3. Mutuality of contracts
4. Relativity of contracts
5. Perfection of contracts
6. Unauthorized contracts

ESSENTIAL REQUISITES OF CONTRACTS (Art. 1319-1355)

1. Consent
a. Art. 1319
b. Offer made through an agent
c. When offer becomes ineffective
d. Option contract
e. Persons who cannot give consent
f. Contracts entered during lucid interval
g. Vices of consent
h. Mistake
i. Violence
j. Undue influence
k. Fraud
2. Object
a. Art. 1347
b. Impossible things
c. Requisites
3. Cause of Contracts
a. Art. 1350
b. Requisites

FORMS OF CONTRACTS (Art. 1356-1358)

REFORMATION OF INSTRUMENTS (Art. 1359-1369)

INTERPRETATION OF CONTRACTS (Art. 1370-1378)

DEFECTIVE CONTRACTS (Art. 1380-1422)

1. Rescissible Contracts
2. Voidable Contracts
3. Unenforceable Contracts
4. Void or inexistent contracts

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