OBLICON PRELIM POINTERS EHEHEHE

• Different Sources of Obligation

1. Obligation from Law - are obligations stated on the book of Laws of the country like the
obligation to pay our taxes or the obligation to not take bribery and committing acts that
constitute graft or corrupt practices.
2. Obligation from CONTRACTS – A contractual agreement, An example of an obligation
from contracts is like the Affidavit of undertaking and the parent's consent form that we
do every semester to validate our IDs. Both parties agree to the conditions and this is
like the law between the families and the school.
3. Obligation from QUASI-CONTRACT - A quasi-contract refers to the obligation of the
contract created out of order by the court not to let one party get unfair benefit out of the
situation at the expense of other parties where there is the absence of initial agreement
among the parties and there is a dispute between them.
4. Obligation from a QUASI-DELICT - a lifeguard tasked and obligated to ensure the
people's safety while swimming at the area they are told to like at the pool. The lifeguard
who was not able to fulfil the task such as keeping the swimmer's safety as well as those
at the side, they will be subjected to a punishment for the damages caused from their
negligence.
5. Obligation from DELICT - An example of an obligation from a quasi-contract is like a
verbal arrangement rather than a written contract is made by one person to pay another
person to assist them with moving into a new apartment. The money is due to the
person who assisted them in moving.

• Different Types of Fruits

1. Fruits - Something that is acquired or gathered during an action or operation (such as

search) and used as evidence.
- Natural Fruits - Produced without the intervention of human labor Example: Grass; all
trees and plants on lands produced without the intervention of human labor
- Industrial Fruits - Produced by lands of any kind through cultivation or labor Example:
Sugar cane; vegetables; rice; and all products of lands any kind through cultivation.
- Civil Fruits - Derived by virtue of a juridical relation Example: Rents of buildings, price of
leases of lands and other property and the amount of perpetual or life annuities or other
similar income.
2. Accession - Additions to or improvements upon a thing. Example: House or trees on a
land; rents of a building; air conditioner in a car; profits or dividends accruing from
shares of stocks, etc.
3. Accessories - Things connected to, or combined with, the primary thing in order to
improve, embellish, or complete it. Example: Key of a house; frame of a picture; bracelet
of a watch; machinery in a factory; bow of a violin.
- Vices of Obligation

1. Mora - which means a delay in fulfilling obligations. Hence, delay or default is the non-
fulfillment of the obligation with respect to time.
- Mora Solvendi - the delay on the part of the debtor to fulfill his obligation (to give or to
do) because of a cause imputable to him. Example: Party A contracts Party B to deliver
goods by a specific date. They are in mora if Party B fails to deliver the goods on time.
Party A might be entitled to claim damages for the losses caused by the delay.
- Mora Accipiendi - the delay on the part of the creditor to accept the performance of the
obligation. Example: Party A sells a car to Party B, knowingly concealing that the car has
serious mechanical issues. If Party B discovers the deceit, they can either continue with
the contract (if they find a solution with Party A) or rescind the contract and claim
damages for the misrepresentation.
- Compensatio Mora - The delay of the obligator cancels the delay of the obligee and
vice versa. Example: Party A hires a professional architect, Party B to design a building.
If Party B's design neglects key safety measures and the building collapses due to poor
structural integrity, Party B could be held liable for culpability. Party A might claim
damages for the losses caused by Party B's negligence.
2. Dolo - a Spanish term that means deceit. There is deceit when an act is performed with
deliberate intent.
- Dolo Causante - Is the most serious type of fraud and occurs in the implementation of a
contract. This fraud can make a contract voidable Example: Person A sells a defective
laptop to Person B. Person A knows that the laptop has serious issues, but they
intentionally hide this information from Person B during the sale. They assure Person B
that the laptop is in perfect working condition. Person B, relying on this false information,
decides to purchase the laptop at a higher price than they would have otherwise.
- Dolo Incidente - A type of fraud that occurs in the act of doing an existing obligation
because of a contract. Example: Party A agrees to build a house for party B. Party A
knows that the house is in risk of collapse if they use cheap building materials, yet they
use it anyway. The house collapses and party B is injured.
3. Culpa - "Culpa" refers to negligence or fault in performing an obligation. It implies a
failure to exercise the appropriate care or skill required in a particular situation.
- Culpa Aquilana - Also known as tort liability, is a type of negligence that occurs outside
of a contractual relationship Example: Person X is driving their car and texting on their
phone at the same time. Due to their distraction, Person X fails to notice a red light and
ends up colliding with Person Y's car, which had the right of way. Person Y sustains
injuries and damage to their car as a result of the collision.
- Culpa Contractual - Negligence occurring in the performance of a contract. A
contractual relationship exists between the parties, and the source of the obligation is
the breach of the contractual obligation. Example: Party A agrees to build a house for
party B. Party A fails to use proper building materials, the house collapses. Party B can
sue party A using culpa contractual for Party A’s negligence to their obligation in building
the house.
• Classification of Obligation –
1. Demandability
a. pure,
b. conditional
c. with a period
2. Plurality of object
a. simple
b. alternative
c. facultative
3. Plurality of subject
a. Simple
b. Joint
c. solidary
4. Performance
a. Divisible
b. indivisible
5. Sanctions for breach
a. with a penal clause
4. b. without a penal clause

• Condition - Condition precedents or subsequent that must be fulfilled for the contract to
be valid and effective. There is/are stipulations in the signed contract, which is still
conditional, that must be met or else the contract would be rendered moot.
Example: Z enters into a rent agreement with Y. In their contract, it is stipulated that Z
must pay a down payment for the lease within a month. If Z succeeds on paying Y the
down payment within the specific time period, then the contract they signed into would
then become valid. However, if Z fails to pay, then their contract would be deemed as
invalid.
• Period - It refers to a time frame within which particular rights and obligations may be
used or fulfilled. In contracts, the duration is frequently fixed. A period is a set time frame
rather than anything that depends on an occasion or circumstance. Example: Z rented a
cabin in the Bahamas for one-week during the summer. The period in this case is the
one-week duration of Z’s stay. During that week, Z has the right to use the cabin, and Z
is obligated to pay the agreed-upon rent for that period. Once the week is over, Z’s right
to stay in the cabin ends, and his obligation to pay rent for that specific week is fulfilled.

• Resolutory - demandable at once but terminates upon arrival of the day certain • Day
certain – that which must necessarily come, although it may not be known when.

• Suspensive - obligation becomes demandable on the day stipulated.

• Alternative - An alternative obligation arises when a contract allows the obligor (the
party with the obligation) to choose between two or more different ways to fulfill their
obligation. Example: Imagine a contract where you agree to sell your car to someone,
and you have two identical cars. The contract specifies that you can deliver either Car A
or Car B to the buyer. You, as the seller, have the choice to fulfill your obligation by
delivering either of the two cars. The buyer can't demand both; they can only get one of
the cars

• Facultative - occurs when a contract specifies a primary obligation but also allows the
obligor to substitute a different performance, typically if the primary performance
becomes impossible or prohibitively burdensome. Example: Let's say you promise to
provide catering services for a wedding. Your primary obligation is to prepare and serve
a specific menu at the wedding reception. However, a few days before the wedding, a
fire breaks out in your kitchen, making it impossible to prepare the original menu. In this
case, the contract may have a facultative clause that allows you to substitute a different
menu or even hire another catering company to fulfill your obligation. This substitution is
allowed because the primary performance (the original menu) became impossible due to
unforeseen circumstances.

• Joint Obligations - A presumption when two or more creditors or two or more debtors
concur in one and the same obligation. One where the whole obligation is to be paid of
fulfilled proportionately by the different debtors and/or is to be demanded proportionately
by different creditors.
• Solidary Obligations - must be expressed in stipulation or provided by law or by nature
of obligation. One where each one of the debtors is bound to render, and/or each one of
the creditors has a right to demand from any of the debtors, the entire compliance of the
prestation.

1.) DIVISIBLE - obligation that is capable of partial performance

• Execution of certain no of days work
• Expressed by metrical units
• Nature of obligation – susceptible of partial fulfillment

2.) INDIVISIBLE – one not capable of partial performance

• To give definite things
• Not susceptible of partial performance
• Provided by law
• • Intention of parties