LAW OF OBLIGATIONS AND

CONTRACT REVIEWER

SOURCES OF OBLIGATIONS: ARTICLE 1157

• Law- when they are imposed by the law itself.

• Obligation- Latin word “obligatio” means tying. It is a

tie or bond by law, by virtue of which one is bound in
favor of another to render something

• Contracts- when they arise from the stipulation of the

parts.

• Quasi-Contracts- when they arise from lawful,

voluntary and unilateral acts which are enforceable
to the end that no one shall be unjustly enriched or
benefited at the expense of another.
• What is the other term for quasi-delicts?
TORTS/CULPA

• What article does define as obligation is a juridical

necessity to give, to do, or not to do? Article 1156

• What obligations derive from the law are not

presume. Only those expressly determined in this
code or in special laws are demandable, and shall be
regulated by the precepts of the law which
establishes them; and as to what has not been
foreseen by the provision of this book? ARTICLE 1158

• What articles that she says obligations arising from

the contract have the force of law between the
contracting parties and should be complied with in
good faith? ARTICLE 1159
• It is the voluntary management of the property or
affairs of another without the knowledge or consent of
the latter? Negotiorum Gestio

• It is the juridical relation which is created when

something is receive when they are is no right to
demand it and it was unduly delivered through
mistakes? Solutio indebiti

• It is an act or a mission by a person which causes

damage to another in his person, property, alright
giving the rise to an obligation to pay for the damage
done, there being fault or negligence but there is no
pre- exquisite contractual relation between the
parties? Quasi-Delicts

• This article shows every person obliged to give

something is also obliged to take care of it with the
proper diligence of a good father of a family? Article
1163
• These things is defined as identified by its
individuality? Determinate Things (one is to one)

• These things is identify only by its species? Generic

Things (exchangeable)

• Those are the spontaneous products of this oil and

the young and other products of animals? Natural
Fruit

• Those are fruits produced by lands of any kind truce

cultivation or labor? Industrial Fruit

• Those are fruits derived by virtue of a juridical

relation? Civil Fruit

• It says that the creditor has a right to the fruit of the

things from the time of the obligation to deliver it
arises. However he shall acquire no real right over it
 until the same has been delivered to him? Article
1164

• Is any event which cannot be foreseen, or which

through foreseen, it's inevitable. otherwise it is an
event which is either? Impossible to perceive or
impossible to avoid? Fortuitous Event

• An article says if a person, obligate to do something

fails to do it, the same shall be executed at his cost?
Article 1167

• A sum of money paid to the innocent party in

compensation for a breach of contract. Damages

• It is the article when the obligation consists in not

doing and obligor that’s what has been forbidden him,
it shall also be undone at his expense? Article 1168
• Those obliged to deliver or to do something in cure in
delay from the time the obligee juridically or
extrajudicially demands from them the fulfillment of
their obligations? Article 1169

• It implies some kind of malice or this honesty and it

cannot cover cases of mistakes and errors of
judgment made in good faith? Fraud

• Those who in defer four months of their obligations

are guilty of fraud, negligence, or delay and those who
in any manner contravene the tenor thereof, are liable
for damages? Article 1170

• It is any voluntary act or omission, there being no bad

faith or malice, which prevents the normal fulfillment
of an obligation? Negligence

• This article says responsibility arising from negligence

in the performance of every kind of obligation is also
demandable, but such liability may be regulated by
 the courts, according to the circumstances? Article
1172

• When the nature of the obligation requires the

assumption of risk, no person shall be responsible for
those events which could not be foreseen, or which
though foreseen, were inevitable. Article 1174

• It is meant the inference of a fact not actually known

arising from its usual connection with other which is
known or proved? Presumption

• When the debtor binds himself to pay when his means

permit him to do so, the obligation shall be deemed
to be one with a period, subject to the provisions of
the article 1197. Article 1180

• t is one which is not subject to any condition and no

specific date which is mentioned for its fulfillment
 and is, therefore, immediately demandable? Pure
Obligation

• It is a future and uncertain event, upon the happening

of which the effectivity or extinguishment of an
obligation subject to its depends? Conditions

• Is a future and certain event upon the arrival of which

the obligation subject to it either arises or is
extinguished? Period

• In conditional obligations, the acquisition of rights as

well as the extinguishment or loss of those are already
acquired, shall depend upon the happening of the
event which constitutes the condition. Article 1181

• When the fulfillment of the condition depends upon

the soul will of the debtor, the conditional obligation
shall be void. Article 1182
• This article says impossible conditions, does
contrary to good customs or public policy and those
prohibited by law shall annul . The obligation which
depends upon them if the obligation is divisible, that
part thereof which is not affected by the impossible or
unlawful condition shall be valid. ARTICLE 1183

• The condition that some event happened at a

determinate time shall extinguish the obligation as
soon as the time expires or if it has become
indubitable that the event will not take place. Article
1184

• The condition that some event will not happen at a

determined time shall render the obligation effective
from the moment the time indicated has elapsed, or if
it has become evident that the event cannot occur.
Article 1185
• The condition shall be deemed fulfilled when the
black girl voluntarily prevents its fulfillment. Articlw
1186

• The creditor may before the fulfillment of the

conditions, bring the appropriate actions for the
preservation of his right. The debtor may recover what
during the same time he has paid by mistake in case of
a suspensive condition. Article 1188

• When the conditions have been imposed with the

intention of suspending the efficacy of an obligation to
give, the following rules shall be observed in case of the
improvement, loss or deterioration of the thing during
the pendency of the condition. ARTICLE 1189

• There are three kinds of loss;

Physical loss is when nothing perishes as when a
house is burnt and reduced to ashes.
Legal loss when a thing goes out of commerce or when
a thing heretofore legal becomes illegal.

Civil loss it’s when I think disappears in such a way that

it’s existence is unknown or even if known it cannot be
recovered.

• When the conditions have for their purpose the

extinguishment of an obligation to give the parties,
upon the fulfillment of set conditions, shall return to
each other what they have received. Article 1190

• The power to rescind obligations is implied to

reciprocal ones, in case one of the obligor should not
comply with what is incumbent upon him.

The injured party may choose between the fulfillment

and the rescission of the obligation, with the payment
of damages in either case. he may also seek rescission,
even after he has chosen fulfillment, if the latter should
become impossible. Article 1191

• When only one party is obliged to comply with the

prestation. Unilateral

• When both parties are mutually bound to each other.

In other words, both parties are debtors and creditors
of each other. Bilateral

• In case both parties have committed a breach of the

obligation, the liability of the first infraction shall be
equitably tempered by the courts. If it cannot be
determined which of the parties first violated the
contract, the same shall be deemed extinguished, and
each shall bear his own damages. ARTICLE 1192

• Obligation for whose fulfillment a day certain has

been fixed, shall be demandable only when that day
comes.
Obligations with the resolutory period take effect at
once, but terminate upon arrival of the day certain.
Article 1193

• The obligation begins only from a day certain upon the

arrival of period. Suspensive Period

• The obligation is valid after a day certain and

terminates upon the arrival of the period. Resolutory
Period

• Anything paid or delivered before the arrival of the

period, the obligor being unaware of the period of
believing that the obligation has become due and
demandable, may be recovered, with the fruits, and
interests. ARTICLE 1195

• Whenever in an obligation a period is designated, it is

presumed to have been established for the benefits of
both the creditor and the debtor, unless that from the
tenor of the same or other circumstances, it should
appear that the period has been established in favor of
one or of the other. Article 1196

• A person alternatively bound by different

presentations shall completely perform one of them.

The creditor cannot be compelled to receive part of

one and part of the other undertaking. Article 1199

• The right of choice belongs to the debtor, unless it has

been expressly granted to the creditor.

The debtor shall have no right to choose those

presentations which are impossible, unlawful or which
could not have been object of the obligation. Article
1200

• The choice shall produce no effect except from the

time it has been communicated. Article 1201
• The debtor shall lose the right of choice when among
the presentations whereby he is alternatively bound,
only one is practicable. ARTICLE 1202

• If through the creditors acts, the debtor cannot make

a choice according to the terms of the obligation, the
latter may rescind the contract with damages. Article
1203

• The creditor shall have a right to indemnity for

damages when through the fault of the debtor, all the
things which are alternatively the object or the
obligation have been lost or the compliance of the
obligation has become impossible.

The indemnity it shall be fixed taking us a basis the

value of the last thing which disappeared, or that of this
service which last became impossible.
Damages are other than the value of the last thing or
service may also be awarded. Article 1204

• When the choice has been expressly given to the

creditor, the obligation shall cease to be alternative
from the day when the selection has been
communicated to the debtor… Article 1205

• When only one presentation has been agreed upon,

but the obligor may render another in substitution, the
obligation is called facultative.

the loss or deterioration of the thing intended as a

substitute, through the negligence of the obligor does
not render him liable. But once the substitution has
been made, they all blind girl is liable for the loss of the
substitute on account of his delay, negligence or fraud.
Article 1206
• The concurrence of two or more creditors or of two or
more debtors in one and same obligations does not
imply that each one of the latter is bound to render,
entire compliance with the presentation. there is a
solidarity liability only when the obligation expressly so
states, or when the law or the nature of the obligation
requires solidarity. Article 1207

• Joint obligation or one where the whole obligation is

to be paid or fulfilled proportionately by the different
debtors and/or is to be demanded proportionately by
the different creditors.

• Solidarity obligation or one where each one of the

debtors is bound to render, and/or each one of the
creditors has the right to demand from any of the
debtors, entire compliance with the prestation.

Tu arduo trabajo ha sido recompensado