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Define OBLIGATION. (1156) An obligation is a juridical necessity to give, to do or not to do. The essential requisites of an obligation? (1) a juridical or legal tie – binds the parties to the obligation & which may rise either from bilateral or unilateral acts of persons (2) an active subject – “creditor” or “obligee”, who can demand the fulfillment of the obligation (3) a passive subject – “debtor” or “obligor”, from whom the obligation is juridically demandable (4) the fact, prestation, or service – the object of the obligation. The sources of obligation? (1157) (a) Law (b) Contracts (c) Quasi-contracts (d) Acts or omissions punished by law (e) Quasi-delicts
In obligations to give, when does the creditor acquire a right to the thing which constitutes the object of the obligation as well as to the fruits thereof? (1164) Distinguish between the time when the creditor acquires a PERSONAL right to the thing and the fruits thereof and the time when he acquires a REAL right thereto. Before the delivery of the thing and the fruits thereof, the creditor has merely a personal right against the debtor—a right to ask for the delivery of the thing and the fruits. Once the thing and the fruits are delivered, then he acquires a real right over them—a right which is enforceable against the whole world.
The different rights available to the creditor? (a) determinate obligations – 1. to compel specific performance (1165) 2. to recover damages in case of breach of obligation (1170) (b) indeterminate/generic obligations – 1. to ask for performance of the obligation (1246) 2. to ask that the obligation be complied with at expense of debtor (1165) 3. to recover damages in case of breach of obligation (1170)
In obligations to give, the different duties or obligations of the debtor/obligor? (a) determinate obligation – 1. to deliver the thing which he is obliged to give 2. to take care of the thing w/ proper diligence of a good father to a family (1163) 3. to deliver all accessions and accessories (1166) 4. to pay damages in case of breach of the obligation (1170) (b) indeterminate obligation – 1. to deliver the thing, which neither of superior nor inferior quality (1246) 2. to pay damages in case of breach of the obligation (1170)
Effect of fortuitous event.
neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. • When is demand by creditor not necessary? (1169) (1) when the obligation or law expressly so declares. • The different acts/omissions of the obligor/debtor resulting to breach of obligation for which he can be held liable for damages. (1170) (1) Default or mora (2) Fraud or dolo (3) Negligence or culpa (4) Contravention of the tenor of the obligation • Define DEFAULT or mora. (1169) The debtor incurs in delay from the time the creditor judicially/extrajudicially DEMANDS from him the fulfillment of his obligation & in spite of such demand.(a) determinate obligation – obligor/debtor cannot be held liable for damages (1174) only determinate object can be destroyed by a fortuitous event. From the moment one of the parties fulfills his obligation. Fraud or dolo consists in the conscious & intentional proposition to evade the normal fulfillment of an obligation. it appears that the designation of the time when the thing is to be delivered or the service to be rendered was a controlling motive for the establishment of the contract. (b) indeterminate obligation –obligor/debtor can still be held liable for damages (1263) an indeterminate object can never perish. in reciprocal obligations. • Define FRAUD or dolo. he is unable to comply with the obligation. (1169) In reciprocal obligation. It is the non-fulfillment of an obligation with respect to time. in obligations to give or to do. or (3) when demand would be useless – when the obligor has rendered it beyond his power to perform. • The different kinds of default or mora. delay by the other begins. • Define DELAY. (1) Mora solvendi – delay of the obligor/debtor to perform his obligation (2) Mora accipendi – delay of obligor/creditor to accept the delivery of the thing (3) Compensatio morae – delay of the parties/obligors in reciprocal obligations • Define DELAY. (1) in performance of pre-existing obligation (a) present only during performance of pre-existing obligation (b) for purpose of evading the normal fulfillment of an obligation (c) results in nonfulfillment or breach of obligation (d) gives rise to a right of the creditor/oblige to recover damages (2 in the perfection of a contract (a) present only at the time of the birth of the obligation jaz06 . (2) when from the nature & the circumstances of the obligation. Default or mora signifies the idea of delay in the fulfillment of an obligation. • The differents kinds of fraud or dolo.
use the REASONABLE care & caution which an ordinarily prudent person would have used in the same situation? If not. • Kinds of Fortuitous events. is inevitable. articles 1171 & 2201 apply.” • Distinguish between Culpa Contractual and Culpa Aquiliana.(b) for purpose of securing consent of the other party to enter into the contract (c) results in the vitiation of consent (d) gives rise to a right of the innocent party to ask for the annulment of the contract (causal fraud/dolo causante) or to recover damages (incidental fraud/dolo incidente) • Define NEGLIGENCE or culpa. When negligence shows bad faith. of the time and the place. (1174) A fortuitous event is an event which cannot be foreseen. then he is guilty of negligence. etc) (c) Ordinary – event which usually happens or which could have been reasonably foreseen (d) Extraordinary – event which does not usually happen & which could not have been reasonably foreseen. (1173) • What is the test of negligence? “Did the defendant. jaz06 . in doing the alleged negligent act. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation & corresponds with the circumstances of the persons. that which is expected of a good father of a family shall be required. • Define FORTUITOUS EVENT. riots. strikes. or which though foreseen. (1) Culpa Contractual (a) there is a pre-existing contractual relation (b) there is only incidental negligence in the performance of the obligation (c) the source of the liability is the breach of contract (d) proof of contract & of its breach is sufficient prima facie to warrant recovery (e) the liability of the employers is based upon the principle that the negligence of employee is conclusively presumed to be negligence of the employer (f) proof of due diligence in the selection and supervision of employees is not available as a defense (2) Culpa Aquiliana (a) there is no pre-existing obligation (b) there is a substantive & independent negligence (c) the source of the liability is the defendant’s negligent act/omission (d) proof of the negligence of the defendant must be proved (e) the liability of the employers is based upon the principle that the negligence of employee is prima facie presumed to be negligence of the employer (f) proof of due diligence is available as a defense. (1680) (a) Fortuitous even proper (Act of God) – absolutely independent of human intervention (b) Force Majeure – dependent upon human intervention (wars. If the law or contract does not state the diligence required.
(2) accion subrogatoria—to be subrogated to all of the rights & actions of the debtor save those which are inherent in his person (3) accion pauliana—to impugn all of acts w/c debtor may have done to defraud him. It is based on the principle of volenti non fit injuria – no wrong is done to one who consents. 1230 (l) Unilateral & Bilateral 1191 (m) Single & Multiple 1199. (2) the event must be either unforeseeable or unavoidable.” EXCEPTIONS: (a) in cases expressly specified by the law. were inevitable. (3) the event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner. 1423 (g) Legal. AND (4) the debtor must be free from any participation in the aggravation of the injury resulting to the creditor. 1163-1168 (i) Determinate & Generic 1163-1164 (j) Positive & Negative 1163-1168 (k) Accessory & Principal 1166. It refers to a situation in which the obligor/debtor. or (b) when it is otherwise declared by stipulation. or (c) when the nature of the obligation requires assumption of risk • The conditions for application of rule on fortuitous events. Conditional & W/ a term or period 1179-1198 (b) Alternative & Facultative 1199-1206 (c) Joint & Solidary 1207-1222 (d) Divisible & Indivisible 1223-1225 (e) With & Without a penal clause 1226-1230 (f) Natural & Civil 1156.• The rule re: fortuitous events. • Define ASSUMPTION OF RISK. (1174) GENERAL RULE: “No person shall be responsible for those events which could not be foreseen. • The remedies available to creditor to protect his rights against debtor? (1177) (1) to exhaust the property in possession of the debtor. Exemption from liability by reason of fortuitous events when: (1) the cause of the breach of the obligation must be independent of the will of the debtor. Conventional & Penal 1158-1162 (h) Real & Personal 1156. (1179) jaz06 . (a) Pure. • The different classes of obligations. with full knowledge of the risk. 1206 (n) Individual & Collective 1207 PURE OBLIGATIONS (1179) • Define PURE OBLIGATION. voluntarily enters into some obligatory relation with the obligee/creditor. or which though foreseen.
however. all must be realized (2) Alternative – when there are several conditions. (1) Divisible – when the condition is susceptible of partial realization (2) Indivisible – when the condition is not susceptible of partial realization f. but there is a hope or expectancy that they will soon be acquired (2) Resolutory – when fulfillment of the condition results in the extinguishment of rights arising out of the obligation rights are already acquired. CONDITIONAL OBLIGATIONS (1179-1192) • Define CONDITIONAL OBLIGATION. one must be realized g. It has two requisites: (1) futurity (2) uncertainty • The classification of conditions. law. as a consequence. & which. (1) Potestative – when fulfillment of the condition depends upon will of a party if dependent upon debtor (void). (1) Possible – when the condition is capable of realization (according to nature. jaz06 . The quality of immediate demandability is not infringed or violated when a reasonable period is granted for performance. a.A pure obligation is one whose effectivity or extinguishment does not depend upon the fulfillment or nonfulfillment of a condition or upon the expiration of a term or period. Distinction. (1) Positive – when the condition involves the performance of an act (2) Negative – when the condition involves the non-performance of an act e. A condition is a future & uncertain event upon which an obligation is subordinated or made to depend. • The most distinctive characteristic of pure obligations. (1) Express – when the condition is stated expressly (2) Implied – when the condition is tacit. must be made between: (a) immediate demandability of obligation AND (b) its performance or fulfillment by the obligor/debtor. (1) Conjunctive – when there are several conditions. Its immediate demandability. public policy or good customs) (2) Impossible – when the condition is not capable of realization (according to nature. An obligation is said to be conditional when its effectivity is subordinated to the fulfillment or nonfulfillment of a future & uncertain fact or event. (1) Suspensive – when fulfillment of the condition results in the acquisition of rights arising out of the obligation rights are not yet acquired. law. but if dependent upon creditor (valid) (2) Casual – when fulfillment of obligation depends upon chance &/or upon will of a 3rd person obligation shall be valid (3) Mixed – when fulfillment of obligation depends partly upon will of a party AND partly upon chance &/or will of a 3rd person dependent upon chance &/or will of 3rd person (valid) c. public policy or good customs) d. but subject to threat of extinction b. • Define CONDITION & its requisites. is characterized by the quality of immediate demandability.
the “debtor” is the person obliged to return the object of the obligation in case of fulfillment of the condition. He may also seek rescission. the creditor may choose between the rescission of the obligation & its fulfillment. out of the same cause. • Define RECIPROCAL OBLIGATION. and each shall bear his own damage. but his liability shall be equitably tampered by the courts.• The effect of loss. (1189) (1) If the thing is lost w/o fault of debtor. or by time. the impairment is to be borne by creditor (4) When the thing deteriorates w/ fault of debtor. The injured party may choose between the fulfillment and the rescission of the obligation.” jaz06 . in case one of the obligors should not comply with what is incumbent upon him. while the “creditor’ is the person to whom the thing/object must be returned. (1191) “The power to rescind obligations is implied in reciprocal ones. in accord with arts. unless there be just cause authorizing the fixing of a period. Reciprocal obligations are those which are created or established at the same time. goes out of commerce or disappears in such a way that its existence is unknown or it cannot be recovered. if the latter should become impossible. if it cannot be determined which of the parties first violated the contract. even after he has chosen fulfillment. • The effect of non-compliance in reciprocal obligations. ***above rules applicable to obligations w/ resolutory condition. The court shall decree the recission. deterioration or improvement to obligations w/ suspensive condition. (6) If the thing is improved at the expense of the debtor. with indemnity for damages (5) If the thing is improved by its nature. he shall have no other right than that granted to the usufructuary.” • The effect of breach of both parties in reciprocal obligations. with the payment of damages in either case. (1192) “The first infractor shall be liable. However. the same shall be deemed extinguished. This is understood to be without prejudice to the rights of 3rd persons who have acquired the thing. (1190) However. the improvement shall inure to the benefit of the creditor. he shall be obliged to pay damages LOST = when it perishes. (2) If the thing is lost w/ fault of debtor. 1385 & 1388 & the Mortgage Law. (3) When the thing deteriorates w/o fault of debtor. the obligation shall be extinguished. and which result in mutual relationships of creditor and debtor between the parties.