1 - General Provisions, Nature and Effect, and Classifications of Obligations Flashcards
LAW 1 (422 cards)
1
Q
It is a juridical necessity to give, to do, or not to do
A
Obligations
2
Q
A claim or title to an interest that is enforceable by law
A
Right
3
Q
For every RIGHT there is a corresponding…
A
Obligation
4
Q
One party sues another for the enforcement of the Right
A
Civil Action
5
Q
Acts of Omission, which a party violates the right of another
A
Cause of Action
6
Q
Kinds of Real Obligations
A
Determinate or Specific Thing
& Indeterminate or Generic thing
7
Q
Kinds of Personal Obligation
A
Obligation to do or Obligation NOT to do
8
Q
When the thing is designed merely by class
A
Generic Thing
8
Q
When the thing is particularly designated or segregated physically from
A
Specific Thing
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Q
Obligation of the debtor to do or to perform a specific obligation to the creditor
A
Obligation to Do/Positive
10
Q
Obligation of the debtor NOT to do or NOT to perform a specific obligation to the creditor
A
Obligation NOT to Do/Negative
11
Q
Essential elements of Obligation
A
Debtor
Creditor
Object
Vinculum/Juridical Tie
12
Q
The person who has an OBLIGATION to do work or to perform something for another person
A
Debtor
12
Q
The person who has the RIGHT to demand the work from the other person
A
Creditor
13
Q
The conduct of the debtor is the thing to give, doing or not doing
A
Object
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Q
This creates the relation between the passive and the active subject
A
Juridical Tie
15
Q
What are the sources of Obligation
A
Contract
Law
Quasi-Contract
Delicts/Omissions punishable by law|
Quasi-Delicts
16
Q
The meeting of minds between two persons whereby one person binds himself with respect to the other person to render service or to give something
A
Contract
16
Q
The stage of contract initial discussions and drafting, where parties agree on the terms and conditions of the agreement.
A
Negotiation
16
Q
A rule or conduct promulgated by a legitimate authority
A
Law
16
Q
3 stages of Contract
A
Negotiation
Perfection
Consummation
17
Q
The stage of the contract wherein there is a consent, object, and price
A
Perfection
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Q
The stage of the contract wherein the parties perform their respective undertakings
A
Consummation
19
Q
Lawful, Unilateral acts that no one can be unjustly benefited at the expense of another
A
Quasi-Contracts
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Kinds of Quasi-Contract
Negotiorum Gestio
Solution Indebiti
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When someone takes voluntary charge of the business or property of another without any power to temporarily substitute in case of an incident
Negotiorum Gestio
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Something is received by mistake
Solutio Indebiti
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There is NO Negotiorum Gestio if:
The place is abandoned
When someone is specifically designated to take charge
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Solutio Indebiti will take place if:
There is an excess to the collection
There must be payment by MISTAKE
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A violation of law, with a wrongful act or omission
Delict
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The thing must be restored or ______ with allowance for deterioration and diminution of value
Restitution
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The court will determine the amount of damage with consideration of the sentimental value of the thing
Reparation
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The damage being caused is due to the effect of the other persons involved e.g. payment to the injured party and his family or a third person
Indemnification for consequential damages
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Whenever acts or Omission have caused damage to another
Quasi Delicts/Torts
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Elements of Negligence and Quasi Delict (same)
Fault of defendant
Damages suffered by plaintiff
Relation between the cause and effect between fault/negligence
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Kinds of Negligence
Culpa Aquillana
Culpa Contractual
Culpa Criminal
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Negligence due to failure to observe the right amount of diligence that caused damages
Culpa Aquillana
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Negligence in the performance of a pre-existing contract
Culpa Contractual
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Negligence that results in the commission of a crime
Culpa Criminal
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Obligations are not presumed only those by special laws and the civil code
True or False?
True
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Obligations arising from contracts have the force of law and should be complied by bad faith
True or False?
False, Obligations should be complied with good faith
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The cause either in a natural or continuous sequence by any efficient intervening cause, produces injury, and without which the result will not occur
Proximate Cause
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Obligations of debtor in determinate thing
-Deliver the specific thing
-Take care with DGFF
-Deliver acceccions and accessories
Pay for damages in case of breach
Obligations of debtor in generic thing
-Deliver the thing
-Pay for damages incase of breach
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Rights of Creditor in Specific Thing
-Compel the specific performance
-To demand recsission in reciprocal obligations
-Recover damages in case of breach
Rights of Creditor in Generic Thing
-Ask the performance
-Ask the obligation complied in expense of the debtor
-Recover damages in case of breach
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The care and attention required from a person in a given situation
Diligence
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The diligence ORDINARILY exercised by a person to satisfy a legal requirement
Due Diligence
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EXTREME care that a person exercises to secure the rights or the property
Extraordinary Diligence
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Diligence required in Obligations to Give
Diligence of a Good Father of the Family
Exceptions:
- Common Carrier - utmost diligence
- Banking law - high standards of performance
- Stipulated type of care
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Formal act of transferring of deed
Delivery
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Kinds of Delivery
Actual Delivery
Constructive delivery
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The type of delivery by giving the immediate possession to the buyer
Actual Delivery
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Delivery from the operation of Law
Constructive Delivery
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Kinds of Fruits
Natural Fruit - found on the land itself
Industrial Fruit - produce of human
Civil Fruit - fruits by operations of law
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A type of obligation wherein both creditor and debtor have an obligation to one another
Reciprocal Obligations
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Accessions
- Attached to the principal thing
e.g earphone jack of a cellphone
Accessories
- Not incorporated or attached to the principal thing
e.g Abby will deliver a laptop to brian, she should include the laptop and the charger
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Rights of the Creditor in Obligations TO DO
- Obligation to be performed under the expense of the debtor
- Ask that was poorly done to be undone
- Recover damages
Rights of the Creditor in Obligations NOT TO DO
- Have it undone at expense of debtor
- Ask for damages
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When delay begins?
- When it is demanded by the creditor on the due date
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The failure to perform the obligation in due time
Mora or Delay
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Kinds of Delay
Mora Solvendi
Mora Accipiendi
Compensatio Morae
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Delay on the side of the debtor
Mora Solvendi
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Delay on the side of the creditor
Mora Accipiendi
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Delay on reciprocal Obligations wherein both parties neither completed their part
Compensatio Morae
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When does demand is not neccessary on the part of the debtor to consider delay
- Said by law
- Nature of Obligation (there is a time designated)
- Demand is useless if the debtor rendered it beyond his power to perform
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Different voluntary breach of Obligation
Fraud
Negligence
Delay
Contravention of Tenor
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Types of Fraud
Dolo Causante
Dolo Incidente
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Fraud before the contract is valid
Dolo Causante
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Fraud After the contract is valid
Dolo Incidente
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Fraud
- Deliberate intent to cause damage
- Liability cannot be mitigated by court
- Waiver of future fraud is void
Negligence
- Mere want to care that caused damage
- Liability may be mitigated by court
- Waiver future negligence is valid
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Kinds of Mora Solvendi
Mora Solvendi ex re
- Real Obligations
Mora Solvendi ex persona
- Personal Obligations
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Requisites of Mora Solvendi
- Obligation is demandable and liquidated
- Debtor delays performance
- Creditor demands the performance
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Requisites of Mora Accipiendi
- An offer of the debtor's performance
- Offer must comply with the presentation
- Creditor refuses performance without just cause
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Kinds of Damages
- Actual damages
- Moral Damages
- Nominal Damages
- Temperate Damages
- Exemplary damage
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Type of damage that has been duly proved (without stipulation)
Actual Damages
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Type of damage to physical and mental suffering
Moral Damages
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Type of damages that are minimal and can be settled by the court
Nominal damages
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Type of damage that is more than nominal but not more than actual damages
Temperate Damages
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Type of damage agreed upon the parties
Liquidated damages
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Type of damage to be shown as example in addition to nominal, temperate, liquidated, and actual damages
Exemplary Damages
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Defined as an ordinary proceeding in a court for enforcement and protection of right
Action
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The import or consciously doing wrong by a dishonest purpose
Bad Faith
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Act of God
- Typhoon
- Earthquakes
Act of Man
- Wars
- Riots
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An event that usually happens and usually foreseen e.g rain
Ordinary Fortuitous Event
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An event that does not usually happen and reasonably foreseeable is inevitable e.g typhoon
Extraordinary Fortuitous Event
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Elements of Fortuitous event
1. Independent from human will
2. Impossible to avoid
3. Impossible for debtors to fulfill the obligation in a normal matter
4. Free from any aggravation resulting to injury / more damages to the creditor
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Exemptions to a Fortuitous event
- Cases where there is stated by law
- Cases when there's stipulation of liability even when there is a fortuitous event
- Obligations requires the assumption of risk
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The assumption of the facts that are existing proven by the fact or group of facts
Presumption
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Kinds of presumption
- Disputable presumption
- Conclusive presumption
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A kind of presumption that is rebuttable by other evidence
Disputable Presumption
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A kind of presumption that is not admissible even when there is new evidence
Conclusive presumption
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Steps in the pursuance of the liability when the debtor cannot pay anymore
1. Exhaustion of Properties
2. Accion Subrogatoria
3. Accion Pauliana
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Exercise all rights and actions to the debtor keep those personal to him
Accion Pauliana
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Seek rescission of the contract due to fraudulent acts by the debtor
Accion Pauliana
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An obligation which is demandable at once
Pure Obligation
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An Obligation whose fulfillment or extinguishment depends upon a future uncertain event
Condition
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An obligation whose fulfillment or extinguishment depends upon a future certain event
Period
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Fulfillment of the condition results to the acquisition of right out of Obligation
Suspensive Condition
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Fulfillment of the condition results to the extinguishment of right out of the Obligation
Resolutory Condition
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The fulfillment of condition depends on the will of one of the parties
Potestatve Condition
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The Fulfillment of the condition depends upon the will of a third person or by chance
Casual Condition
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The Fulfillment of the condition depends upon the will of the parties, by chance, and by third person
Mixed Condition
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There are several conditions and all must be complied
Conjuctive
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There are several conditions but the fulfillment of one or few just be complied
Alternative
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A period is a definite length when his means permit him to do so
True or False
True
51
Conditions that is capable of realization or doable
Possible conditions
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Conditions that is NOT capable or not doable
Impossible conditions
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Kinds of Impossible Conditions
Physical Impossible conditions
Legal Impossible conditions
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Conditions that are contrary to the law of Nature
Physical Impossible conditions
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Conditions that are contrary to law and morals
Legal Impossible Conditions
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The Condition is constructively fulfilled when...
The debtor prevents it from happening
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Requirements of constructive fulfillment of a condition
1. The Condition must be suspensive
2. Debtor willfully prevents the fulfillment of the obligation
3. The Debtor Acts Voluntarily
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Retroactivity of a suspensive condition
In Obligations to give - there is
In Obligations to do - there is none
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Right of Creditor before fulfillment of Condition
Creditor can bring appropriate actions for the preservation of right
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Right of the debtor before fulfillment of Condition
The Debtor can claim payment by mistake
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The removal of improvements on the thing
Usufructury
52
The unmaking of the contract from the beginning, and merely a termination
Rescission
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Rescission of both parties back to their original state
Mutual Restitution
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The contract is not possible without an express stipulation to that effect
Extrajudicial rescission
52
Remedies for Reciprocal Obligations
- Specific performance
- Rescission of Obligation with damages
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Effect of breach in reciprocal obligations
- Courts must determine whose first person to commit a breach and be liable for damages
- If no party can be proven first, then both parties will bear for their own damages
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Requisites of a period
- Future
- Certain
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Obligations whose period is fixed and only shall be demandable when that day comes
Suspensive Period (ex die)
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Obligations with a period that will take effect at once but it will terminate on the said period
Resolutory period
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If period has been set by the debtor
The debtor cannot be compelled to do the obligation prematurely, unless he desires so
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If period has been set by the creditor
The creditor may demand the fulfillment of the obligation at any time but the debtor cannot accept payment before the expiration period
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The Court is not authorized to fix a period unless...
- If an obligation has a period but it does not have a specific date (once fixed by the courts, it cannot be changed)
- If the period depends on the will of the debtor
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When does the debtor loses the right to make use of a period
I - Insolvent
F -not FURNISHED guarantees
O - Own acts results to impairment of guarantees
V - VIOLATES undertaking
A - Abscond (to hide)
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An Obligation when there is only one object
Simple Obligation
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An Obligation when there are two or more objects
Compound Obligation
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Kinds of compound obligation
Conjunctive Obligation
Distributive Obligation
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An Obligation when there are two or more objects and all of them are due
Conjunctive Obligation
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An Obligation when there are two or more and fulfillment of one is enough to extinguish the obligation
Alternative Obligation
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An Obligation when there is only one object but the debtor may substitute the obligation
Facultative Obligation
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The creditor pay receive only a part of the undertaking
True or False?
False, the creditor must completely receive the whole obligation
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The choice of an obligation shall produce NO EFFECT unless it has been communicated
True or False
True, the debtor cannot change the obligation he's bound to perform
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When all the alternatives has been destroyed and only one remains, the Obligation will become a/an...
Simple Obligation
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The creditor i entitled for indemnity for damages from the fault of the debtor in an alternative obligation when:
- All Objects are lost through debtor's fault
- Compliance of the obligation is impossible
52
If all Objects are lost due to fortuitous event...
If only one of the prestation remains due to the fortuitous event...
Obligation is extinguished
Debtor shall give the remaining object to the creditor
52
If all Objects are lost due to debtor's fault...
If only one of the prestation remains due to the debtor's fault...
- Debtor will give the last object that disappeared plus damages
- The obligation will become a simple one
52
For facultative Obligations before substitution
- If principal thing is lost, the debtor is liable
- If the substitute is lost, the debtor is not liable
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For facultative obligation after substitution
- If principal thing is lost, the debtor is not liable
- If the substitute is lost, the debtor is liable
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An obligation when there are two or more debts and credits are divided into two or more creditors and debtors
Joint Obligation
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Other terms for joint obligation
- Jointly
- Conjoint
- Mancomunada simple
- Pro rata
- Proportionate
52
Effects of Joint Obligation
1. Any personal defect from debtor and creditor DOES NOT affect the obligation
2. Insolvency of one debtor does not affect the other debtors
3. The demand on one debtor in non-payment does cause delay while not affecting other debtors
4. The defenses of one debtor does not affect the other debtors
52
An obligation when all the debtors can be asked by the creditor for the whole obligation
Solidary Obligations
53
Other terms for solidary obligations
1. Severally
2. In Solidum
3.Mancomunada solidaria
4. Juntos o sepradamente
5. Individually and collectively
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Generally, obligations with two or more persons is joint. Except when...
1. Stipulated Solidary
2. Law requires solidary
3. Nature of the Obligation
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When there are two or more debtors but the prestation is indivisible
Joint Indivisible Obligations
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Characteristic of Joint Indivisible Obligation
1. No joint creditor can act in representation of other creditors
2. No joint debtor can be compelled of the liability of other debtors
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In breach of joint indivisible obligations
The debtors who does not pay on time will bear the indemnity for damages. Solvent debtors are NOT LIABLE
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Sources of Solidarity
1. Legal - law
2. Conventional - stipulation
3. Real - Nature
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Types of parties bound by solidarity
1. Active Solidarity - Creditors
2. Passive Solidarity - Debtors
3. Mixed - Both debtor and creditors
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Uniformity of Solidarity
1. Uniform - one stipulation
2. Non-uniform - various stipulations
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