OBLIGATIONS AND CONTRACTS

Article 1156- 1430

(Course Outline)

1. Constitution, define-

The Body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised. [Cooley, the General Principles of
Laws in the United States of America].

It is the document which serves as the fundamental law of the state; that
written instrument enacted by the direct action of the people by which
the fundamental powers of the government are established, limited and
defined, and by which those powers are distributed among the several
departments for their safe and useful exercise, for the benefit of the body
politic. [Malcolm, Philippine Constitutional Law].

Branches of Government

Inherent Powers of the Government

Obligation (Art. 1156).

A juridical necessity to give, to do, or not to do.

Contract (Art. 1305)

A Contract is a meeting of the minds between two persons whereby one binds himself, with respect
to the other, to give something or to render some service.

Requisites of Obligation.

Requisites of Prestation.

Sources of Obligation (Art. 1157).

Compliance in good faith, define.

Quasi- Contracts.

Kinds of Quasi- Contracts.

Negotiorum Gestio

Solutio Indebiti

Kinds of Obligation

Civil Obligation and Natural Obligation, Distinguished.

Nature and Effects of Obligation (Art. 1163- 1178).

Personal Right and Real Right, Distinguished.

Obligations of the Debtor.

Rights of a Creditor.

Prepared by: Atty. Gerald John G. Joven

Positive Personal Obligations (Art. 1167).

Negative Personal Obligation (Art. 1168).

Kinds of Breach of Obligations.

DEFAULT (Mora), Define.

Default and Delay, Distinguished.

Requisites of In Default.

Kinds of Default.

Rules on Default.

Reciprocal Obligations.

Effects of Mora Solvendi.

Effects of Mora Accipiendi.

FRAUD (Dolo), Defined.

Fraud in the Performance (Art. 1170) distinguished from Causal Fraud (Arts. 1338 and 1344).

NEGLIGENCE, Define.

Kinds of Negligence (Culpa).

Distinguished, Culpa Contractual and Culpa Aquiliana.

Diligence of Good Father of a Family

Distinguished, Negligence and Fraud.

Can future negligence be waived?

Fortuitous Event (Art. 1174).

Requisites of Fortuitous Event.

Liability in case of fortuitous event.

Exceptions to liability.

Effect of fortuitous event.

Usurious Transaction (Art. 1175).

Extinguishment of Interest and Prior Installments (Art. 1176).

Remedies of Creditor to Protect Credit (Art. 1177).

Transmissibility of Rights Acquired by virtue of an Obligation (Art. 1178).

Kinds of Obligation.

Suspensive condition. (Art. 1181- 1182).

Resolutory condition.

Potestative condition.

Effects of Impossible / Unlawful Condition (Art. 1183).

Prepared by: Atty. Gerald John G. Joven

Effects of Positive and Negative Condition (Art. 1184 – 1185).

Doctrine of Constructive Fulfillment of Suspensive Condition (Art. 1186).

Principle of Retroactivity in Suspensive Condition (Art. 1187).

Effect of Conditional Obligation to Give (Art. 1187).

Effect of Conditional Obligation to Do/ Not to Do (Art. 1187).

Preservation of Creditor’s Right (Art. 1188).

Effects of Loss, Deterioration and Improvement

in Real Obligations (Art. 1189).

Rescission of Reciprocal Obligations in General (Art. 1191).

Remedies of Injured Party (Art. 1191, Par.2).

Effects of Breach by both Parties (Art. 1192).

Obligations with a Period.

Term/ period, define.

Classification of term/ period.

Period for whose benefit (Art. 1196).

When Court may Fix Period (Art. 1197).

When Debtor Loses Right to make use of Period (Art. 1198).

Alternative Obligation (Art. 1199).

Facultative Obligation. (Art. 1206).

Right of Choice in Alternative Obligation (Art. 1200).

Effects of Loss of Objects of Alternative Obligation (Art. 1204- 1205).

Effect of Loss of Substitute in Facultative Obligation (Art. 1206).

Joint Obligation, define.

Solidary Obligation, define.

Nature of a Collective Obligation (Art. 1207).

Joint Divisible Obligation (Art. 1208).

Joint Indivisible Obligation (Art. 1209).

Indivisibility and Solidarity, distinguish.

Effects of Prejudicial and Beneficial Acts (Art. 1212).

Effects of Assignment of Rights in Solidary Obligation (Art. 1213).

To Whom Payment must be Made in Solidary Obligation (Art. 1214).

Effect of Novation (Art. 1220).

Effect of Remission.

Effect of Demand upon a Solidary Debtor (Art. 1216).

Effect of Payment by a Debtor (Art. 1217 and 1218).

Prepared by: Atty. Gerald John G. Joven

Breach of Joint Indivisible Obligation (Art. 1224).

Mode of Extinguishing Obligations (Art. 1231).

Payment or Performance (Art. 1232).

Loss of the Thing Due (Art. 1262).

Condonation or Remission of the Debt.

Confusion (Art. 1276 – 1277).

Compensation.

Novation.

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CONTRACTS to follow, Art. 1305*

Prepared by: Atty. Gerald John G. Joven