OBLIGATIONS AND CONTRACTS

ONLINE LECTURE

REVIEW THE FF:

 SOURCES OF OBLIGATIONS (5) – ARTICLE 1157

 2 TYPES OF QUASI CONTRACTS

FOR TOPICS TODAY:

 ORDINARY DILIGENCE

 FRUITS UNDER THE LAW

 FORTUITOUS EVENT
 REAL AND PERSONAL RIGHT
 DETERMINATE AND INDETERMINATE THING
 ACCESSIONS AND ACCESSORY
 NO DEMAND NO DELAY (AND ITS EXCEPTIONS)
 NO WAIVER FOR FUTURE FRAUD

ORDINARY DILIGENCE

 OBLIGATION TO GIVE – CARE (ORDINARY CARE) - ORDINARY DILIGENCE

- DILIGENCE OF A GOOD FATHER OF A FAMILY

EXTRAORDINARY CARE – STIPULATION OF THE PARTIES OR LAW

REQUIRES ANOTHER STANDARD CARE

SALE OF PHONE – BUYER AND SELLER “STIPULATION –

EXTRAORDINARY”

CARRIAGE – HUMAN BEING – “EXTRA ORDINARY”

BANKING TRANSACTIONS – “EXTRA ORDINARY”

FRUITS UNDER THE LAW

1. NATURAL – PRODUCT A SOIL OR YOUNGS OF ANIMALS, EXAMPLE: GRASS

2. INDUSTRIAL – HUMAN LABOR: EX. PALAY
3. CIVIL – JURIDICAL RELATIONS :CONTRACT (LEASED)- RENTAL INCOME

REAL AND PERSONAL RIGHT

JANUARY 1, 2024 – B (BUYER) BOUGHT A PIG FROM S (SELLER) TO BE

DELIVERED ON JAN. 10, 2024
 JANUARY 5, 2024 – PIG GAVE BIRTH TO 10 PIGLETS

WHO OWNS THE PIG

WHO OWNS THE PIGLET -

Art. 1164. The creditor(BUYER) has a right to the fruits of the thing
from the time the obligation to deliver it arises. However, he shall
acquire no real right over it until the same has been delivered to him.

PERSONAL RIGHT – JANUARY 1, 2024 RIGHT BETWEEN PARTIES – TO

DEMAND DELIVERY.

REAL RIGHT – JANUARY 10, 2024

- RIGHT THAT BINDS THE WHOLE WORLD

FORTUITOUS EVENT – CANNOT BE FORESEEN – CANNOT BE AVOIDED

SELLER IS BOUND TO DELIVER A HORSE TO THE BUYER

Q: IS THE OBLIGATION EXTINGUISHED BY REASON OF F.E?

 DETERMINATE AND INDETERMINATE THING

DETERMINATE – SPECIFIC

INDETERMINATE – GENERIC

G OR S

CAR– G/S

TOYOTA CAR – G

AVANZA TOYOTA CAR – G

BLACK AVANZA T.C –

PLATE NUMBER: 123-456 – BLACK AVANZA –

 GENERIC THING – REPLACEABLE - NOT EXTINGUISED.

SPECIFIC – HORSE (WITH BLUE EYE ON RIGHT, RED ON HIS LEFT) –

EXTINGUISED.

 ACCESSIONS AND ACCESSORY

ACCESSORY – ADDED FOR USE (BRAKE OF A CAR)

ACCESSIONS – EMBELLISHMENT/BEAUTIFICATION – AIRCON

The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been
mentioned.

NO WAIVER FOR FUTURE FRAUD

 NO DEMAND NO LEGAL DELAY (AND ITS EXCEPTIONS)

DELAY – ORDINARY (NO Damages)

LEGAL (Damages)

General rule: NO DEMAND NO DELAY

Example: Debtor promised to pay Creditor, 100,000 on Feb. 14, 2024.

On Feb 16, 2024 the debt remained unpaid.

Q: Is debtor in delay on Feb 16, 2024?

NO DEMAND,NOT IN LEGAL DELAY.

TO DEMAND:

1. JUDICIALLY - COURT
2. EXTRAJUDICIALLY – OUTSIDE COURTS INTERVENTION

LAWYER: DEMAND LETTER

 EXCEPTIONS: (AUTOMATIC DELAY)

1. LAW (PAYMENT OF TAX) – APRIL 15

APRIL 16, - NO PAYMENT ON INCOME TAX.

2. STIPULATION SO PROVIDES

A IS OBLIGED TO DELIVER PHONE ON FEB. 16, 2024, WITHOUT NEED

OF DEMAND.
ON FEB 17, PHONE WAS NOT DELIVERED TO THE BUYER.
Q: IS A IN LEGAL DELAY?

NO.

3. TIME IS OF THE ESSENCE –

GRAD TOGA – GRADUATE OF JUNE 24, 2024

JUNE 25, 2024 – NO TOGA DELIVERED.

4. DEMAND IS USELESS

SELLER IS BOUND TO DELIVER A CAR ON FEB 25, 2024

ON FEB. 18, 2024, THE CAR WAS STOLEN.

FEB 26, 2024 – NO DELIVERY

UP TO TOPIC (BEFORE TYPES OF OBLIGATION)