Professional Documents
Culture Documents
I. OBLIGATIONS IN GENERAL
II. NATURE AND EFFECT OF OBLIGATIONS
III. KINDS OF CIVIL OBLIGATIONS
IV. MODES OF EXTINGUISHMENT OF OBLIGATIONS
OBLIGATIONS IN GENERAL
•CIVIL
KINDS AS TO BASIS OF •NATURAL
1.
ENFORCEABILITY 2.
3.
•FACT (OBJECT/PRESTATION)
A. REQUISITES
1.
2.
3.
ESSENTIAL ELEMENTS OF B. OBJECT FOR REAL OBLIGATIONS (TO GIVE)
1.
OBLIGATION 2.
C. OBJECT FOR PERSONAL OBLIGATIONS
•LEGAL TIE (VINCULUM JURIS/EFFICIENT CAUSE/JURIDICAL TIE)
•ACTIVE SUBJECT
•PASSIVE SUBJECT
•CONJUCTIVE (AND)
•ALTERATIVE (OR)
i. Fulfillment of one is _________
ii. Right of Choice: _________
iii. Right of Choice cannot be implied on part of the: __________
iv. Right of Choice is given to _____ party
v. Debtor's right of choice is _______
vi. Choice aka _______ must be communicated
vii. Choice cannot be part of ___ and part of ______
viii. Only one choice is practicable, debtor _____ right of choice
xi. Effect of Loss____________
-- RIGHT OF CHOICE BELONGS TO: Event
Fortuitous
WERE LOST Fault of Debtor
Fortuitous Event/Fault of Debtor
DEBTOR
Fault of Creditor – Debtor cannot
____________ make a choice
WERE LOST
____________ Fortuitous Event
WERE LOST Fault of Debtor
II. AS TO PLURALITY OF Fortuitous Event
CREDITOR
PRESTATION
____________ Fault of Debtor
WERE LOST
•DIVISIBLE
A. REQUISITES
1.
2.
3.
4.
IV. AS TO PERFORMANCE OF •INDIVISIBLE
A. REQUISITES
PRESTATION 1.
2.
3.
B. _____ INDIVISIBLE
* key take aways:
C. _____ INDIVISIBLE
* key take aways:
• GENERAL RULE:
____________________________________________________________________
• EXCEPTIONS:
1.
2.
V. OBLIGATION WITH A PENAL 3.
CLAUSE •PAYMENT OF PENALTY INSTEAD OF FULFILLMENT OF OBLIGATION
_______________________________________________________________
•REDUCTION OF PENALTY
1.
2.
LAW ON OBLIGATIONS
I. OBLIGATIONS IN GENERAL
II. NATURE AND EFFECT OF OBLIGATIONS
III. KINDS OF CIVIL OBLIGATIONS
IV. MODES OF EXTINGUISHMENT OF OBLIGATIONS
•SUBSTANTIAL PERFORMANCE
•INCOMPLETE PERFORMANCE
•REQUISITES
1.
2.
3.
4.
•PROVISIONS TO PAYOR
* Payment made by a third person (includes subsidiarily liable: guarantors
and co-debtors, 3rd party mortgagors)
WITH CONSENT OF W/O CONSENT OF
DR/WITH INTEREST DR
• PROVISIONS TO PAYEE
* Payment may be made to:
1.
2.
3.
4.
•THING TO BE PAID OR DELIVERED
1. TO GIVE A SPECIFIC THING:
2. TO GIVE A GENERIC THING:
3. TO DO OR NOT TO DO:
•LEGAL TENDER:
•SPECIAL FORMS OF PAYMENT [PLEASE PAKI-MEMORIZE NALANG]
1.
2.
3.
4.
•KINDS OF CONDONATION
A. AS TO FORM
1.
2.
III. CONDONATION OR REMISSION OF B. AS TO EXTENT
1.
DEBT 2.
C. AS TO MANNER OF REMISSION
1.
2.
D. ACCESSORY OBLIGATIONS:
•REQUISITES
1.
2.
IV. CONFUSION/MERGER OF RIGHTS 3.
4.
•GUARANTORS
•JOINT OBLIGORS
•KINDS OF COMPENSATION
A. AS TO EFFECTS/EXTENT
1.
2.
B. AS TO ORIGIN/CAUSE
1.
2.
C. REQUISITES
1.
2.
3.
V. COMPENSATION 4.
5.
D. GUARANTORS
E. RESCISSIBLE OR VOIDABLE DEBTS
F. ASSIGNMENT OF CREDIT
1.
2.
G. IMPROPER COMPENSATION
1.
2.
3.
4.
•REQUISITES
1.
2.
3.
4.
•KINDS OF NOVATION
A. AS TO NATURE
1.
2.
3.
B. AS TO FORM
1.
2.
C. AS TO EXTENT
1.
2.
•SUBJECTIVE NOVATION
VI. NOVATION A.
1.
2.
B.
1.___________
[EXTENT: _____________ ; LIAB OLD DR INSOLV NEW DR___________________]
2.
[EXTENT: _____________ ; LIAB OLD DR INSOLV NEW DR___________________]
•CREDITOR'S CONSENT: _________________________________________
•OBJECTIVE OR REAL NOVATION
1.
2.
a.
b.
•ACCESSORY OBLIGATION
A. GENERAL RULE:
B. EXCEPTION:
•CONDITIONAL OBIGATION