This document defines and explains key legal concepts and terms related to obligations and contracts. It discusses the nature of different types of obligations that can arise from contracts, quasi-contracts, torts, and crimes. It also defines important terms like debtor, creditor, force majeure, delay, and fruits. Additionally, it provides examples of how certain legal doctrines could apply, such as negotiorum gestio, solutio indebiti, and analyses of proximate cause versus contributory cause in determining liability.
This document defines and explains key legal concepts and terms related to obligations and contracts. It discusses the nature of different types of obligations that can arise from contracts, quasi-contracts, torts, and crimes. It also defines important terms like debtor, creditor, force majeure, delay, and fruits. Additionally, it provides examples of how certain legal doctrines could apply, such as negotiorum gestio, solutio indebiti, and analyses of proximate cause versus contributory cause in determining liability.
This document defines and explains key legal concepts and terms related to obligations and contracts. It discusses the nature of different types of obligations that can arise from contracts, quasi-contracts, torts, and crimes. It also defines important terms like debtor, creditor, force majeure, delay, and fruits. Additionally, it provides examples of how certain legal doctrines could apply, such as negotiorum gestio, solutio indebiti, and analyses of proximate cause versus contributory cause in determining liability.
Law - is a rule of conduct, just, obligatory, promulgated by a legitimate authority, and of common observance and benefit. Quasi-Contract - Unjust enrichments Quasi-delicts - obligation arises from the damaged cause to another, there being fault or negligence, but pre contractual relations exist between the parties. Solutio indebiti - Something is received if no right to demand it, and it was unduly delivered thru mistake, the obligation to return it arises. Dolo causante - fraud in the constitution of an obligation Negotiorum gestio - to voluntarily take charge of the agency or management of business or property of another. The latter is obliged to continue the same until the termination of the affairs and its incidents or to require the person concerned to substitute him, if the owner is in the position to do so. Fault - may be intentional, recklessness, or negligence. Accident - an unexpected usually sudden event that occurs without intent or volition although sometimes through carelessness, unawareness, ignorance, or a combination of causes and that produces an unfortunate result. Click here. Negligence - negligence is doing, or failing to do something that a reasonable person would, or would not, do and which causes another person damage, injury or loss as a result. Click here. Crime - any behavior that is punishable by fine or imprisonment or both. Deceit - when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party. Click here. To do – Positive personal performance To give - To deliver/ transfer of ownership Not to do - Negative personal performance Debtor - or obligor is the person who is bound to fulfill the obligation Object - the matter subject of the obligation Active subject - a creditor or obligee who has the right to demand the fulfillment of the obligation Vinculum Juris - It’s the efficient cause, establish by different sources of obligations -law, contract, quasi-contract, delicts, and quasi delicts Juridical tie - the efficient cause which binds and connects the parties to the obligation. When demand is necessary to incur in delay - Requisites of delay or default of by the debtor are: ● Failure by the debtor to perform his obligation on the date agreed upon. ● Demand made by the creditor upon the debtor to comply with his obligation which is demanded by either judicial or extrajudicial. ● Failure of the debtor to comply with such demand. The general rule is if there is no demand, then there is no delay. Rights of the creditor when the thing deteriorates with debtor`s fault - the creditor shall have the right to demand for damages. Force majeure - frees the party from obligation if the extraordinary event prevents one or both parties from performing the obligation. Ordinary delay - is merely failure to perform obligation on time Legal delay - or default or mora is a failure to perform the obligation on time which constitutes a breach of obligation. Fortuitous event - an event which is either impossible to foresee or impossible to avoid. Mora accipiendi - Delay on the part of creditor Compensatio morae - Delay of the obligors in reciprocal obligations which cancel the delay of the obligee; thus, no actionable default on the part of both parties Mora solvendi - Delay on the part of the debtor Fraud or Dolo - it implies some malice of dishonesty; deliberate or intentional. Civil Fruits - Derived by virtue of juridical relation. Like rent on the Apartment; Interest on the loan Natural Fruits - Produce of the land, and other products of animals without human intervention . Like growing trees on the land; wild animals. Penal Fruits - or the fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally.The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. Click here. Industrial Fruits - Produce by lands thru cultivation or labor. Like vegetables
Problem Solving: Application of the following doctrines
Negotiorum gestio - voluntary act even without the knowledge of the other party. Solutio indebite - Something is received if no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. Personal rights - Is a right or power of the creditor to demand from the debtor the fulfillment of the latter`s obligation, to do, or not to do, or to give; Real rights - Is the right or interest of the person over a specific thing. Proximate and immediate cause(both party) - If the injury of the aggrieved party is the PROXIMATE AND IMMEDIATE cause of the injury, the injured party cannot recover the damages. Contributory cause(only one party) - If the negligence is only CONTRIBUTORY, the PROXIMATE AND IMMEDIATE CAUSE is due to the negligent party, the injured party can recover damages but the court will mitigate the same. Remedies of the creditor in case the debtor fails to deliver the determinate/indeterminate things