OBLIGATIONS Kinds of Quasi-contracts

CHAPTER 1  Negotiorum Gestio

 Solutio Indebiti
Right
 claim or title
 power, privilege, immunity Negotiorum Gestio
 voluntarily takes charge without consent

Civil Action
 party sues another Solutio Indebiti
 something is received when there is no right to
demand
Cause of action  unduly delivered through mistake
 party violates other's right

Delicts
Complaint
 violation of the law, wrongful act
 written statement alleging claim

Plaintiff Civil Liabilities in Delict

 party who brings civil suit  Restitution
 Reparation
 Indemnification
Defendant
 person sued
Restitution
 something is to be restored
Real Obligation
 to deliver a thing
Reparation
Kinds of Real Obligation  pay damages
 Specific
 Generic
Indemnification
Personal Obligation   pay damages also suffered by family or third
person
 obligation to do (Positive) and not to do
(Negative).
Quasi-Delict (Tort or Culpa aquiliana)
Essential Elements of Obligation  fault or negligence with no pre-existing
 Debtor/Passive Subject  contract
 Creditor/Active Subject
 Object
 Juridical tie Kinds of Negligence
 Culpa Aquiliana
 Culpa Criminal
Sources of Obligation  Culpa Contractual
 Law
 Contracts Culpa Aquiliana
 Quasi-contracts  Negligence from failure to observe required
 Acts punishable by law diligence
 Quasi-delicts
Culpa Contractual
 There is pre existing contract
Law  Merely incidental
 rule of conduct, just, obligatory  breach

Contracts Culpa Criminal

 meeting of minds  Results in the omission of crime

Negligence
Quasi-contract  Failure to observe the protection of interest
 certain lawful, voluntary, unilateral acts  Creates undue risk

1
Proximate Cause Kinds of Delay
 Cause acting first and producing more injury  Mora Solvendi
 Cause--- natural and continuous sequence  Mora Accipiendi
 Compensatio Morae
CHAPTER 2
Mora Solvendi
Diligence  Debtor’s fault
 Care, caution, attention
Mora Accipiendi
Due Diligence  Creditor’s fault
 Diligence expected from
Compensatio Morae
Extraordinary Diligence  Default on both parties
 Extreme care
Injury
Delivery  Legal invasion of legal right
 Formal act of transferring something
Damage
Kinds of Delivery  Hurt, loss, harm
 Actual
 Constructive Damages
 Compensation awarded for damage suffered
Actual Delivery
 Giving real and immediate possession Modes of Voluntary Breach of Obligation
 Fraud/dolo
Constructive Delivery  Negligence/Culpa
 Amounts to a transfer of title by operation of law  Delay/default/mora
when actual transfer is impossible  Contravention of the tenor of obligation

Kinds of Fruits Fraud

 Natural  All kinds of deception
 Industrial  Insidious manipulation
 Civil
Kinds of Fraud
Natural Fruits  Dolo Causante
 Products of soil (without cultivation)  Dolo Incidente

Industrial Fruits Dolo Causante

 Produced by lands through cultivation or labor  Deception used to secure consent of the other.

Civil Fruits Dolo Incidente

 Rents, price of leases  Not the reason that induced the party to enter the
contract
Specific performance
 Right of creditor to compel debtor to make the Bad Faith
delivery  Dishonest purpose, moral obliquity

Reciprocal Obligation Negligence

 Arises from the same cause  Omission to do something, no bad faith
 Each party is creditor and debtor to each other  Prevents fulfillment of an obligation

Accessions (Principal) Contravention of the tenor of Obligation

 Object of the obligation  Violation of the contract
 Attached
Kinds of Damages
Accessories  Actual or compensatory
 For embellishment, better use, completion  Moral
 Not attached  Nominal
 Temperate/moderate
Delay (Mora)  Liquidated
 Failure to perform obligation in due time because  Exemplary/Corrective
of dolo (malice) or culpa (negligence)

2
Waiver Period
 Voluntary abandonment of a legal right  Time of definite length
 Future and certain

Action Rescission
 Civil/criminal judicial proceeding  Unmaking a contract, not merely its termination

Fortuitous Event/Force Majeure Mutual Restitution

 Unforeseeable event  Bringing the parties back to their original status

Ordinary Fortuitous Event Extrajudicial Rescission

 Could have reasonably foreseen  Not possible without express stipulation
 Usually happens (rain)
Day Certain
Extraordinary Fortuitous Event  Which must necessarily come, it may not be
 Couldn’t have reasonably foreseen (fire, war) known when

Presumption Term/Period
 Legal inference that a fact exist base on the proven  Interval of time
existence of other facts.
Kinds of Compound Obligation
Disputable presumption  Conjunctive
 May be contradicted/ overcome by evidence  Distributive

CHAPTER 3 Conjunctive Obligation

 2 or more objects, and all are due.
Condition  All must be performed
 Future and uncertain event in which obligation is
made to depend. Distributive Obligation
 Past but unknown  One, two or more are due
 One of the object must be performed
Suspensive Condition
 Give rise to an obligation Kinds of Distributive Obligation
 Alternative
Resolutory Condition  Facultative
 Extinguish an obligation already existing
Alternative
Potestative  2 or more objects are due
 Fulfillment depends on the will of one party  Performance of 1 is sufficient

Casual Facultative
 Fulfillment depends on the chance/will of third  Only 1 object is due
party  Debtor may substitute another object
Mixed Novation
 Will of one party or third party  Mode of extinguishing obligation;
 Changing object
Possible Condition  Substituting the debtor
 Capable of realization  Subrogating a third person
Divisible Condition Compensation
 Partial realization  2 persons are debtor and creditors to each other
Conjunctive Confusion/Merger of Rights
 Several conditions, all must be realized  Extinguishment of obligation at the time creditors
and debtors are merged in the same person.
Alternative
 Several conditions, one must be realized Remission/Condonation
 Liberality
Implied Condition
 Gratuitous
 Condition is tacit
Suretyship Contract

3
  Agreement where one person engages to be
answerable for the debt, default, etc

Suretyship
 Accessory/ collateral to principal

Guarantor
 Who binds himself in solidum with principal debtor

Surety
 pay debt before principal debtor’s property is
exhausted

Prescription
 acquires ownership through lapse of time

Obligation with a Penal Clause

 with an accessory which the obligor assumes
greater liability in case of breach of obligation

Penal Clause
 accessory attached to assume greater liability

Integrity of prestation
 thing/service must be completely delivered

Identity of prestation
 very prestation must be delivered

Principle of estoppel
 when creditor accepts performance knowing its
incompleteness

Dation in Payment/Adjudication/Dacion en pago

 conveyance of ownership as an accepted
equivalence of performance

Application of Payment
 designation of debt to which payment should be
applied

Payment by Cession
 debtor abandons all of his property

Tender of Payment
 debtor offering the amount due

Consignation
 depositing the amount due with proper court

Condonation/Remission
 gratuitous abandonment of creditor’s right.

Inter Vivos
 take effect during lifetime

Mortis Causa
 effective upon death