Elements of Obligation:

1. Juridical Tie
2. Active Subject
3. Passive Subject
4. Object or Prestation
Define negligence
It consists in the omission of that diligence which is required by the nature of the
obligation and corresponds with the circumstances of the persons, of the time, and the
place.

What is the test of determination of negligence

The test by which to determine the existence of negligence in a particular case may be
stated as follows: Did the defendant in doing the alleged negligent act use that
reasonable care and caution which an ordinarily prudent person would have used in the
same situation?

Remedies of Creditor when Debtor fails to comply

1. Demand Specific Performance
2. Demand rescission or cancellation
3. Demand damages whether with or without of the first two

4. Two instances where fortuitous event does not exempt

1. If the debtor delays
2. If the debtor is guilty of bad faith

When does the debtor become civilly liable even if there is fortuitous event?
1. When by law, the debtor is liable even for fortuitous events;
2. When by stipulation of the parties, the debtor is liable even for fortuitous events;
3. When the nature of the obligation requires the assumption of risk;
4. When the object of the obligation is lost and the loss is due partly to the fault of
the debtor;
5. When the object of the obligation is lost and the loss occurs after the debtor has
incurred delay;
6. When the debtor promised to deliver the same thing to two or more persons who
do not have the same interest;
7. When the obligation to deliver arises from a criminal offense; and
8. When the obligation is generic.

Define Mora
It signifies the idea of delay in the fulfilment of an obligation. It is the non-fulfillment of an
obligation with respect to time.
3 Kinds of Mora
1. Mora Solvendi (the delay of the obligor to perform his obligation)
2. Mora Accipiendi (the delay of the obligee to accept the delivery of the thing which
is the subject of the obligation)
3. Compensatio Morae (the delay of the parties in reciprocal obligations)

When demand is not necessary

1. When law/ stipulation so provides
2. When time is of the essence
3. When demand will be useless for it has rendered it beyond his power to perform

Differentiate Dolo Causante and Incidente

1. Dolo Causante is present only during the performance of a preexisting obligation,
whereas Dolo Incidente is present only at the time of the birth of the obligation;
2. Dolo Causante is employed for evading the normal fulfillment of an obligation,
whereas Dolo Incidente is employed for the purpose of securing the consent of
the other party to enter into the contract;
3. Causante results in the non-fulfillment or breach of an obligation, while Incidente
is the reason for the other party upon whom it is employed in entering into the
contract, results in the vitiation of his consent;
4. Causante gives rise to a right of the creditor to recover damages from the debtor,
whereas Incidente gives rise to a right of the innocent party to ask for annulment
of the contract if fraud is causal.

11. Distinguish 3 culpas

1. In culpa contractual, there is a pre-existing contractual obligation. In culpa
aquiliana, there is none;
2. In contractual, the negligence of the defendant is merely an incident in the
performance of an obligation; In Aquiliana, it is substantive and independent;
3. In contractual, the source of the liability of the defendant is breach of contract;
in Aquiliana, the source is the defendant’s negligent act or omission itself;
4. In contractual, the liability of employers is based upon the principle that the
negligence of the employee is presumed to be the negligence of the
employer; In Aquiliana,

Enumerate Exemptions of Art. 1174

1. Except in cases specified by law;
2. When it is declared by stipulation;
3. When the nature of the obligation requires the assumption of risk.

Enumerate Rights of creditor against the debtor when he doesn't comply

14. Enumerate rights of debtor and rights of creditor

15. Classifications of obligation (as to this and that)
1. Pure, conditional, and with a term or period;
2. Alternative and facultative;
3. Joint and solidary;
4. Divisible and indivisible;
5. With and without a penal clause

16. Define pure obligation

It is one whose effectivity or extinguishment does not depend upon the fulfillment
or nonfulfillment of a condition or upon expiration of a term or period, and which, as a
consequence, is characterized by the quality of immediate demandability.

17. Distinguish facultative and alternative

1. As to the object due, in facultative obligations, only one object is due, whereas
in alternative obligations, several objects are due;
2. As to compliance, facultative obligations may be complied with by the delivery
of another object or the performance of another prestation in substitution of that
which is due, whereas alternative obligations may be complied with by the
delivery of one of the prestations which are alternatively due.
3. As to right of choice, in facultative, the right of choice pertains only to the
debtor, whereas in the second, the right of choice may pertain even to the
creditor or to a third person.
4. As to effect of fortuitous loss, in facultative, loss or impossibility of the object
which is due without any fault of the debtor is sufficient to extinguish the
obligation, whereas in alternative, the loss or impossibility of all the objects which
are due without any fault of the debtor is necessary to extinguish the obligation;

18. Distinguish divisible and indivisible

19. Define resolutory and suspensive

20. Distinguish solidarity from indivisibility

21. Art 1189, effects incase of loss, deterioration etc. (essay)
22. Art 1191, (essay)
23. Define obligations with period or term
Obligations with a term or period may be defined as those whose demandability or
extinguishment are subject to the expiration of a term or period.

24. In obligations with a term or period, for whose benefit is the term or period?
When a period is designated for the performance of an obligation, it is presumed to be
for the benefit of both the creditor and debtor. Consequently, the former cannot demand
the performance of the obligation before the expiration of the designated period; neither
can the latter compel the latter to perform the obligation before the expiration of such
period.
25. Art 1198, memorize kasi enumerate daw yan

26. Define alternative and facultative, and enumerate distinctions

27. To whom debtor must pay? Art 1214

28. Enumerate modes of extinguishment
1. Payment or performance;
2. Loss of the thing due;
3. Condonation or remission of the debt;
4. Confusion or merger of the rights of creditor and debtor;
5. Compensation;
6. Novation
29. Define the modes of extinguishment (novation, compensation, confusion, etc
etc.)
1. Payment or performance – It is the performance, in any other manner, of an
obligation.

2. Loss of the thing due- The thing which constitutes the object of the obligation
perishes, or goes out of the commerce of man, or disappears in such a way that
its existence is unknown or cannot be recovered.

3. Condonation or remission of the debt – It is an act of liberality by virtue which

the obligee, without receiving any price or equivalent, renounces the enforcement
of the obligation, as a result of which it is extinguished in its entirety or in that part
or aspect of the same which the remission refers.

4. Confusion or merger of the rights of creditor and debtor- It is defined as the

merger of characters of creditor and debtor in the same person by virtue of which
the obligation is extinguished.

5. Compensation – It is the mode of extinguishment in their concurrent amount

those obligations of persons who in their own right creditors and debtors of each
other.

6. Novation- It is the substitution or change of an obligation by another, resulting in

its extinguishment or modification, either by changing its object or principal
conditions, or by substituting another in place of the debtor, or by subrogating a
third person in the rights of the creditor.

30. Art 1223 distinctions of divisibility (distinguish)

31. What are the obligations that are indivisible? Enumerate
32. Art 1229 when penalty maybe reduced by the court (enumerate)
33. Reformation of contracts. Explain
34. 5 Characteristics of contracts, enumerate and explain each.
35. What is dation en pago?
It is defined as a special form of payment whereby property is alienated by the
debtor to the creditor in satisfaction of a debt in money. It is the transmission in the
ownership of a thing by the debtor to the creditor as an accepted equivalent of the
performance of an obligation.

36. What is payment by cession?

Cession or assignment may be defined as a special form of payment whereby
the debtor abandons all his property for the benefit of his creditors in order that from the
proceeds thereof the latter may obtain payment of their credits.

37. Allowed ba ang mercantile as payment?

As a general rule, no. Since negotiable papers or mercantile documents, such as
promissory notes payable to order or bills of exchange, are not legal tender, it is logical
that the delivery of such papers or documents by the debtor to the creditor shall not
produce the effect of payment.
40. All the defective contracts, enumerate
41. Give instances when the law requires liability incase of fortuitous. (Art 1262)
42. Effects of loss thru fortuitous in reciprocal obligation (Art 1266)
43. Basic characteristics of contracts, Enumerate and explain in detail each
44. Discuss Relativity of contracts
45. What is stipulation pour atrui