obli con Flashcards
(133 cards)
1
Q
An obligation is a juridical necessity to give, to do or not to do.
A
ARTICLE 1156
2
Q
Is derived from the Latin word which means tying or binding.
A
obligation
3
Q
– Article 1156 gives the of obligation, in its passive aspect. It merely stresses the duty under the law of the debtor or obligor (he who has the duty of doing, or not doing.) when it speaks of obligation as a juridical necessity.
A
Civil Code Definition
4
Q
– obligation is juridical necessity because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment.
A
Meaning of Juridical Necessity
5
Q
Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice are known as civil obligation. They are to be distinguished from natural obligations, which not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof.
A
Nature of obligations under the Civil Code
6
Q
(1) PASSIVE SUBJECT (called debtor or obligor)
(2) ACTIVE SUBJECT (called creditor or oblige)
(3) OBJECT or PRESTATION (subject matter of the obligation).
(4) JURIDCAL or Legal Tie (also called efficient cause) ion.
A
4 ESSENTIAL REQUISITES OF AN OBLIGATION
7
Q
the person who is bound to the fulfillment of the obligation; he who has a duty.
A
PASSIVE SUBJECT (called debtor or obligor)
8
Q
the person who is entitled to demand the fulfillment of the obligation; he who has a right.
A
ACTIVE SUBJECT (called creditor or oblige)
9
Q
The conduct required to be observe by the debtor. It may consist in giving, doing, or not doing. Without the prestation, there is nothing to perform.
A
OBJECT or PRESTATION (subject matter of the obligation)
10
Q
that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation.
A
JURIDCAL or Legal Tie (also called efficient cause)
11
Q
is the act or performance which the law will enforce.
A
Obligation
12
Q
on the other hand, is the power which a person has under the law, to demand from another any prestation.
A
Right
13
Q
according to its legal meaning, is an act or omission of one party in violation of the legal rights (i.e., recognized by the law) of another. In law the term injury is also used to refer to the wrongful violation of the legal right of another.
A
A wrong (cause of an action)
14
Q
is that in which the subject matter is a thing which the obligor must deliver to the oblige. (ex. X (e.g., seller) binds himself to deliver piano to Y (buyer).)
A
Real Obligation (obligation to give)
15
Q
is that in which in which the subject matter is an act to be done or not to be done.
A
Personal Obligation (obligation to do or not to do)
16
Q
a. Positive Obligation or obligation to render service.
b. Negative personal obligation is obligation not to do. (which naturally includes obligation “not to give”)
A
There are 2 kinds of personal obli.
17
Q
OBLIGATIONS ARISE FROM:
(1) LAW
(2) CONTRACTS
(3) QUASI-CONTRACTS
(4) ACTS OR OMISSIONS PUNISHED BY LAW; and
(5) QUASI-DELICTS.
A
ARTICLE 1157.
18
Q
when they are imposed by law itself. (ex. Obligation to pay taxes; obligation to support one’s family.)
A
Law
19
Q
when they arise from stipulation of the part. (ex. The obligation to repay a loan or indebtedness by the virtue of an agreement.
A
Contracts
20
Q
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. (Art. 2142.) In a sense, these obligations may be considered as arising from law. (ex. The obligation to return the money paid by mistake or which is not due.)
A
Quasi-Contracts
21
Q
when they arise from civil liability which is the consequence of a criminal offense. (ex. The obligation of a thief to return the car stolen by him; the duty of a killer to indemnify the heirs of his victim.
A
Crimes or acts or omissions punished by law
22
Q
when they are arise from damage cause to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties. (ex. The obligation of the head of a family that lives in a building or part thereof to answer for damages caused by things thrown or falling from the same.)
A
Quasi-delicts or torts
23
Q
Obligations derived from law are not pressumed. Only those expressly determined in this code or in special laws are demandable, and shall be regulated by the percepts of the which establishes them; and as to what has not been foreseen, by the provisions of this book.
A
ARTICLE 1158.
24
Q
Article 1168 refers to a legal obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable, they must be clearly set forth in the law i.e., Civil Code or special laws. Thus,
A private school has no legal obligations to provide allowance go its teachers because there is no law which imposes this obligation upon schools. But a person who wins money in gambling has the duty to return his winnings to the loser. This obligations provided by the Law.
A
Legal Obligations.
25
special laws refer to all other laws not contained in the Civil Code. Examples of such laws are Corporation Code, Negotiable instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code.
Under Article 1158
26
Obligations arising from contracts have the force of law between the contracting parties and should be in good faith.
Article 1159
27
A contract is a meeting of minds between 2 persons whereby one binds himself, with respect to other, to give something or to render some service.
Contractual Obligations.
28
obligations arising from contracts have the force of law between the contracting parties, they have some binding effect of obligations imposed by laws.
Binding force
29
a contract is valid (assuming all the essential elements are present; Art. 1318.) if its not contrary to law, morals, good customs, public order and public policy. In the eyes of law, a void contract does not exist. (Article 1409) Consequently, no obligations will arise.
Requirement of a valid contract
30
a contract may be breached or violated by a party in whole or in part. A breached of contract takes place when a party fails or refuses to comply, without legal reasons or justification, with his obligation under the contract as promised.
Breach of Contract
31
means compliance or performance in accordance with the stipulations or terms of the contract agreement. Sincerity and honesty must be observed to prevent one party from taking unfair advantage over the counter.
Non-compliance by a party withs his legitimate obligations after receiving the benefits of a contract would constitute unjust enrichment on his part.
Ex. If S agrees to sell his house to B and B agrees to buy the house of S, voluntarily and willingly, then they are bound by the terms of their contract and neither party may, upon his own will, and without any justifiable reason, withdraw from the contract or escape from his obligations thereunder.
Compliance in good faith
32
Obligations derived from Quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this book.
Quasi-contractual Obligations.
Article 1160
33
treats of obligation arising from quasi contracts or contracts implied in law.
Article 1160
34
is that juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the express of another.
quasi-contracts
35
principal kinds of quasi-contracts are
negotiorum gestio & solutio indebiti.
36
is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Ex. X went to Baguio with his family without leaving somebody to look after his house in Manila. While in Baguio, a fire broke out near the house of X. through the effort of Y, a neighbor, the house of X was saved from being burned. Y, however, incurred expenses.
In this case, x has the obligation to reimburse y for the said expenses, although he did not actually give his consent to the act of Y in saving his house, on the principle of quasi-contracts.
Negotiorum gestio
37
Civil Obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of chapter 2, Preliminary Title, on Human Relations, and of Title of this book, regulating damages.
Article 1161.
38
is the juridical relation which is created when something is received when there is no right to demand at and it was unduly delivered through mistake. The requisites are: (a) there is no right to received the thing delivered. (b) the thing was delivered through mistake.
Ex. D owes C P1,000. If D paid T believing that T was authorized to received payment for C, the obligation to return on the part of T arises. If D paid C P2,000 by mistake, C must return the excess of P1,000.
Solutio Indebitti
39
In crimes, however, which causes no material damage (like contempt, insults to person in authority, gambling, violations of traffic regulations.) there is no civil liability to be enforced.
civil liability for damages arising from crimes or delicts.
40
Scope of civil liability for damages arising from crimes is governed by the Revised Penal Code and the Civil Code. This civil liability includes:
(1) Restitution
(2) Reparation for the damage caused; and
(3) Indemnification for consequential damages.
Ex. X stole the car of Y. If X is convicted, the court will order X: (1) to return the car or to pat its value if it was lost or destroyed: (2) to pay for any damages caused to the car: (3) to pay such other damages suffered by Y as a consequence of the crime.
Scope of civil liability
41
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this book, and by special laws.
Article 1162
42
A quasi-delict is an act or omission by a person (tort feasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties
Obligations arising from quasi-delicts.
43
(1) there must be an act or omission
(2) there must be fault or negligence
(3) there must be damage caused.
(4) there must be a direct relation or connection of cause and effect between the act or omission and the damage; and
(5) there is no pre-existing contractual relation between the parties.
Ex. While playing softball with his friends, x broke the window glass of Y, his neighbor. The accident would not have happened had they played a little farther from the house of Y.
In this case, X is under obligation to pay the damage caused to Y by his act although there is no pre-existing contractual relation between them because he is guilty of fault and negligence.
Requisites of Quasi Delicts
44
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, unless the law or the stipulation of the parties requires another standard care.
Article 1163.
45
A thing is said to be specific or determinate particularly designated or physically segregated others of the same class.
Ex.
(1) the watch I am wearing
(2) the car sold buy X
(3) my dog named “Terror”
(4) the Toyota car with Plate No. AAV 316 (2008)
(5) the money I gave you (specific kapag may serial number)
Meaning of generic or indeterminate thing.
A thing is generic or indeterminate when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity.
Ex.
(1) A Bulova calendar watch.
(2) The sum of 1,000 (maraming kapareho)
(3) A 1995 Toyota car
(4) A cavan of rice
(5) A police dog
Meaning of Specific or Determinate thing.
46
is identified by its individuality. The debtor cannot substitute it with another although the latter is the same kind and quality without the consent of the creditor.
determinate thing (specific)
47
is identified only by its specie. The debtor can give anything of the same class as long as it is of the same kind.
generic thing
48
(1) Preserve the thing – in obligation to give (real obligations), the obligor has the incidental duty to take care of the thing due with the diligence of a good father of a family pending delivery.
(a) Diligence of a good father of a family
(b) Another standard of care
(c) Factors to be considered
(d) Reason for debtor’s obligation
Duties of debtor in obligation to give a determinate thing.
49
in obligation to give (real obligations), the obligor has the incidental duty to take care of the thing due with the diligence of a good father of a family pending delivery.
Preserve the thing
50
the phrase has been equated with ordinary care or that diligence which an average (a reasonably prudent) person exercise over his own property.
Diligence of a good father of a family
51
however, if the law or the stipulation of the parties provides for another standard of care (slight or extraordinary diligence), said law or stipulation must prevail.
Another standard of care
52
the diligence required necessarily depends upon the nature of the obligation and corresponds with the circumstances of the person, of the time and place.
Factors to be considered
53
the debtor must exercise diligence to insure that the thing to be delivered would be subsist in the same condition as it was when the obligation was contracted.
Reason for debtor’s obligation
54
Ordinary care, Ordinary Diligence, or Due Diligence.
Other term of Diligence of a good father are:
55
(1) to deliver a thing which is of the quality intended by the parties taking into consideration the purpose of the obligation and other circumstances.
(2) to be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor thereof.
Duties of a debtor in obligation to deliver a generic thing.
56
The creditor has a right to the fruits of the thing from time 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
57
(1) Natural Fruits
(2) Industrial Fruits
(3) Civil Fruits
Different Kinds of Fruits.
58
are the spontaneous products of the soil, an the young and other products of animals. Ex. Grass; all trees and plants on lands produced without the intervention of human labor.
Natural Fruits
59
are those produced by lands of any kind through cultivation or labor. Ex. Sugar cane; vegetables; rice; and all products of lands brought about by reason of human labor.
Industrial Fruits
60
are those derived by virtue of a juridical relation. Ex. Rents of buildings, price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.
(Lesser (owner) lessee (tenant))
Civil Fruits
61
Right of creditor to the fruits.
(1) Personal Right – is the right or power of a person (creditor) to demand from another (debtor), as a definite passive subject, the fulfillment of the latter’s obligation to give, to do, or not to do.
(2) Real Right – is the right or interest of a person over a specific thing (like ownership, possession, mortgage), without a definite passive subject against whom the right may be personally enforced.
Right of creditor to the fruits.
62
is the right or power of a person (creditor) to demand from another (debtor), as a definite passive subject, the fulfillment of the latter’s obligation to give, to do, or not to do.
Personal Right
63
is the right or interest of a person over a specific thing (like ownership, possession, mortgage), without a definite passive subject against whom the right may be personally enforced.
Real Right
64
Ownership and other real rights over property are acquired and transmitted in consequence of certain contracts by tradition or delivery.
Ownership acquired by delivery.
65
When is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make delivery.
ARTICLE 1165.
66
(obligation to deliver a determinate thing), the creditor may exercise the following remedies or rights in case the debtor fails to comply with his obligation:
(a) demand specific performance or fulfillment (if it is still possible) of the obligation with a right to indemnity for damages.
(b) demand recission or cancellation (in certain cases) of the obligation also with a right to recover damages.
(c) demand payment of damages only, where it is the only feasible remedy.
In an obligation to deliver a determinate thing, the very thing itself must be delivered.
Remedies in a specific real obligation
67
regulates the rights and obligations of a person
Substitute Law
68
provides the procedure.
Procedural Law
69
(obligation to deliver a generic thing), on the other hand, can be performed by third person since the object is expressed only according to its family or genus. It is, thus, not necessary for the creditor to compel the debtor to make the delivery, although he may ask for performance of the obligation. In any case the creditor has the right to recover damages.
Remedies in a generic real obligation
70
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
Article 1166
71
are the fruits of a thing or additions to or improvements upon a thing (the principal) ex. House or trees on a land; rents of a building.
Accessions
72
are the things joined to or included with the principal thing for the latter’s embellishment, better use, or completion. Ex. Key of a house; frame of a picture; bracelet of a watch.
Note that while accessions are note necessary to the principal thing, the accessory and the principal thing must go together.
Accessories
73
the general rule is that all accessions and accessories are considered included in the obligation to deliver a determinate thing although they may not have been mentioned. This rule is based on the principal of law that the accessory follows the principal.
Right of creditor to accessions and accessories.
74
If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.
ART. 1167
75
(1) If the debtor fails to comply with his obligation to do, the creditor has the right:
(a) to have the obligation performed by himself, or by another unless personal considerations are involved, at the debtor’s expense; and
(b) to recover damages. (Art. 1170.)
(2) In case the obligation is done in contravention of the terms of the same or is poorly done, it may be ordered (by the court) that it be undone if it is still possible to undo what was done.
Performance by a third person.
A personal obligation to do, like a real obligation to deliver a generic thing, can be performed by a third person. While the debtor can be compelled to make the delivery of a specific thing (Art. 1165.), a specific performance cannot be ordered in a personal obligation to do because this may amount to involuntary servitude which, as a rule, is prohibited under our Constitution.
Remedies of creditor in positive personal obligation.
76
(a) to have the obligation performed by himself, or by another unless personal considerations are involved, at the debtor’s expense; and
(b) to recover damages. (Art. 1170.)
If the debtor fails to comply with his obligation to do, the creditor has the right:
77
Performance by a third person.
A personal obligation to do, like a real obligation to deliver a generic thing, can be performed by a third person. While the debtor can be compelled to make the delivery of a specific thing (Art. 1165.), a specific performance cannot be ordered in a personal obligation to do because this may amount to involuntary servitude which, as a rule, is prohibited under our Constitution.
In case the obligation is done in contravention of the terms of the same or is poorly done, it may be ordered (by the court) that it be undone if it is still possible to undo what was done.
78
A personal obligation to do, like a real obligation to deliver a generic thing, can be performed by a third person. While the debtor can be compelled to make the delivery of a specific thing (Art. 1165.), a specific performance cannot be ordered in a personal obligation to do because this may amount to involuntary servitude which, as a rule, is prohibited under our Constitution.
Performance by a third person.
79
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
ART. 1168.
80
In an obligation not to do, the duty of the obligor is to abstain from an act. Here, there is no specific performance. The very obligation is fulfilled in not doing what is forbidden. Hence, in this kind of obligation the debtor cannot be guilty of delay. (Art. 1169.)
As a rule, the remedy of the obligee is the undoing of the forbidden thing plus damages. (Art. 1170.) However, if it is not possible to undo what was done, either physically or legally, or because of the rights acquired by third persons who acted in good faith, or for some other reason, his remedy is an action for damages caused by the debtor’s violation of his obligation.
Ex. S sold a land to B. It was stipulated that S would not construct a fence on a certain portion of his land adjoining that sold to B. Should S construct a fence in violation of the agreement, B can have the fence removed at the expense of S.
Remedies of creditor in negative personal obligation.
81
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extra-judicially demands from them the fulfillment of their obligation.
ART. 1169.
82
(1) When the obligation or the law expressly so declares; or
(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.
In reciprocal obligations, 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. From the moment Arts.
the demand by the creditor shall not be necessary in order that delay may exist:
83
The word delay, as used in the law, is not to be understood according to its meaning in common parlance. A distinction, therefore, should be made between ordinary delay and legal delay (default or mora) in the performance of an obligation.
(1) Ordinary delay is merely the failure to perform an obligation on time.
(2) Legal delay or default or mora is the failure to perform an obligation on time which failure, constitutes a breach of the obligation.
Meaning of Delay
84
is merely the failure to perform an obligation on time.
Ordinary delay
85
or default or mora is the failure to perform an obligation on time which failure, constitutes a breach of the obligation.
Legal delay
86
(1) Mora solvendi or the delay on the part of the debtor to fulfill his obligation (to give or to do) by reason of a cause imputable to him;
(2) Mora accipiendi or the delay on the part of the creditor without justifiable reason to accept the performance of the obligation; and
(3) Compensatio morae or the delay of the obligors in reciprocal obligations (like in sale), i.e., the delay of the obligor cancels the delay of the obligee, and vice versa.
Kinds of Delay (Mora)
87
or the delay on the part of the debtor to fulfill his obligation (to give or to do) by reason of a cause imputable to him;
Mora solvendi
88
or the delay on the part of the creditor without justifiable reason to accept the performance of the obligation
Mora accipiendi
89
or the delay of the obligors in reciprocal obligations (like in sale), i.e., the delay of the obligor cancels the delay of the obligee, and vice versa.
Compensatio morae
90
The general rule is that delay begins only from the moment the creditor demands, judicially or extrajudicially, the fulfillment of the obligation.
When demand not necessary to put debtor in delay.
91
(1)The mere fixing of the period is not enough. The arrival of the period merely makes the obligation demandable.
When the obligation so provides
92
(2)(a) Under the law, taxes should be paid on or before a specific date; otherwise, penalties and surcharges are imposed without the need of demand for payment by the government.
(b) The partner is liable for the fruits of the thing he may have promised to contribute to the partnership from the time they should have been delivered without the need of any demand.
When the law so provides.
93
(3) In all the foregoing cases, the debtor is fully aware that the performance of the obligation after the designated time would no longer benefit the creditor.
When time is of the essence
94
(4)
Ex. S obliged himself to deliver a specific horse to B on December 5. Through S’s negligence or deliberate act, or by reason of a fortuitous Art. 1169 49 event for which S has expressly bound himself responsible (see Art. 1174.), the horse died on December 2. Under this situation, any demand for the delivery of the horse on December 5 would be useless as S has made it impossible for him to perform his obligation.
When demand would be useless.
95
(5) In case of reciprocal obligations (see Art. 1191.), the performance of one is conditioned upon the simultaneous fulfillment on the part of the other.
When there is performance by a party in reciprocal obligations
96
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
ART. 1170.
97
(1) Fraud (deceit or dolo). - As used in Article 1170, it is the deliberate or intentional evasion of the normal fulfillment of an obligation.
(a) As a ground for damages, it implies some kind of malice or dishonesty and it cannot cover cases of mistake and errors of judgment made in good faith.
(2) Negligence (fault or culpa). — It is any voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation.7 (see Arts. 1173, 1174.)
(3) Delay (mora). — This has already been discussed under Article 1169 which determines the commencement of delay. It has been ruled that the delay in the performance of the obligation under Article 1170 must be either malicious or negligent.
(4) Contravention of the terms of the obligation. — This is the violation of the terms and conditions stipulated in the obligation. The contravention must not be due to a fortuitous event or force majeure. (Art. 1174.) The unilateral act of terminating a contract without legal
Grounds of Liability
98
(1)As used in Article 1170, it is the deliberate or intentional evasion of the normal fulfillment of an obligation.
(a) As a ground for damages, it implies some kind of malice or dishonesty and it cannot cover cases of mistake and errors of judgment made in good faith.
Fraud (deceit or dolo)
99
(2) It is any voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation.7 (see Arts. 1173, 1174.)
Negligence (fault or culpa)
100
(3) This has already been discussed under Article 1169 which determines the commencement of delay. It has been ruled that the delay in the performance of the obligation under Article 1170 must be either malicious or negligent.
Delay (mora)
101
(4) This is the violation of the terms and conditions stipulated in the obligation. The contravention must not be due to a fortuitous event or force majeure. (Art. 1174.) The unilateral act of terminating a contract without legal
Contravention of the terms of the obligation
102
Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
ART. 1171
103
* Committed at the start of the obligation
* REMEDY: Annulment
DOLO CAUSANTE
104
* Committed after creation of the obligation
* REMEDY: ask for damages
DOLO INCIDENTE
105
1. Dolo causante/Causal Fraud– this is the essential cause of the consent, without which the party would not have agreed to enter into the contract.
2. Dolo incidente/Incidental Fraud– this is the kind of fraud that is not the efficient cause for the giving of consent to the contract, refers merely to an incident therein, and which even if not present, the contracting party would have still agreed to the contract`
Kinds of Fraud.
106
1. this is the essential cause of the consent, without which the party would not have agreed to enter into the contract.
Dolo causante/Causal Fraud
107
this is the kind of fraud that is not the efficient cause for the giving of consent to the contract, refers merely to an incident therein, and which even if not present, the contracting party would have still agreed to the contract`
Dolo incidente/Incidental Fraud
108
1. Culpa contractual (contractual negligence) – negligence which results from the breach of contract;
2. Culpa aquiliana (civil negligence or tort or quasi-delict) – acts or omissions that cause damage to another, there being no contractual relation between the parties (Art. 2176)
3. Culpa criminal (criminal negligence) – those which results in the commission of a crime or a delict.
Kinds of Negligence
109
1. negligence which results from the breach of contract;
Culpa contractual (contractual negligence)
110
2. acts or omissions that cause damage to another, there being no contractual relation between the parties (Art. 2176)
Culpa aquiliana (civil negligence or tort or quasi-delict)
111
3. those which results in the commission of a crime or a delict.
Culpa criminal (criminal negligence)
112
Master in Servant
Respondent Superior
Command Responsibility
The fault of the EMPLOYEE is the fault of the EMPLOYER
Principle in Negligence.
113
1. Proof beyond reasonable doubt – apply in criminal cases
2. Preponderance of evidence – apply in civil cases
3. Substantial evidence – apply in administrative and labor cases.
Kinds of Evidence
114
1. apply in criminal cases
Proof beyond reasonable doubt
115
2. apply in civil cases
Preponderance of evidence
116
3. apply in administrative and labor cases.
Substantial evidence
117
The fault or negligence of the obligor 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 of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.
Article 1173
118
1. Nature of the obligation
2. Circumstances of the person
3. Circumstances of time
4. Circumstances of the place
Factors to be considered when a Person is negligent.
119
Expect in cases expressly specified by the law, or when it is otherwise declared by stipulation, or 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.
120
An occurrence or happening which could not be foreseen, or even if foreseen, is inevitable
CASO FORTUITO/FORCE MAJUERE
121
1. Ordinary
2. Extraordinary
3. Acts of God
4. Acts of Man
Kinds of Fortuitos Event
122
if there is fortuitos event, the debtor is not liable to pay for damages and obligation is extinguished.
EXCEPTIONS: If there is a fortuitous event, the obligation may be extinguished but the debtor is still liable to pay for damages.
1. Law
2. Stipulation/Agreement
3. Nature of obligation requires the assumption of risk – also known
as Doctrine of assumed risk/Doctrine of assumption of risk based on the principle “Volenti Non Fit Injuria”
General Rule
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If there is a fortuitous event, the obligation may be extinguished but the debtor is still liable to pay for damages.
1. Law
2. Stipulation/Agreement
3. Nature of obligation requires the assumption of risk – also known
as Doctrine of assumed risk/Doctrine of assumption of risk based on the principle “Volenti Non Fit Injuria”
EXCEPTIONS
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Usurious transactions shall be governed by special laws.
Article 1175
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The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. The receipt of a later installment of a debt without reservation as to prior installment, shall likewise raise the presumption that such installment has been paid.
Article 1176.
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1. Conclusive Presumption: Final, e.g. Ignorantia legisneminem excusat.
2. Disputable/Rebuttable Presumption: Can be changed, e.g. Innocence of a person.
TWO (2) KINDS OF PRESUMPTION
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1. Final, e.g. Ignorantia legisneminem excusat.
Conclusive Presumption
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2. : Can be changed, e.g. Innocence of a person.
Disputable/Rebuttable Presumption
129
The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.
Article 1177.
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1. a) Exact Fulfillment/Specific Performance/Collection of Sum of Money
PRINCIPAL REMEDY
131
2.
a) Exhaust the properties of the debtor.
b) Accion Subrogatoria
c) Accion Pauliana
SUBSIDIARY REMEDIES
132
Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.
Article 1178.
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All rights acquired in virtue of an obligation are transmissible/assignable.
Exceptions:
1. If prohibited by law.
2. If prohibited by stipulation of parties
3. Not transmissible by nature
GENERAL RULE
