OBLIGATION SORIANO MADE QUICKER.
Use at your own risk.
---------------------------------ART. 1156-1162
Obligation - a juridical necessity to give to do or not to do.
Requisites
Active subject- (obligee) entitled to demand
Passive subject- (obligor) has a duty
Prestation/Object- subject matter
Juridical/Legal tie- efficient cause; binds or connect the parties.
Civil obligation is positive law so enforceable by court
Natural obligation is based on natural law so not enforcable by court action.
KINDS OF OBLIGATION; SUBJECT MATTER
Real obligation- to give
Personal obligation- to do; not to do.
Sources of obligation
Law - imposed by law itself
Special laws - laws that's not contained in the Civil code
Contract - arise from stipulation of the parties; meeting of minds between 2 person
Breach of Contract - failure to comply obligation w/o legal reason
Compliance in good faith - sincerity and honesty must observed
Quasi contract - lawful, voluntary or unilateral act; no one shall be unjustly enriched at the expense of
other
Negotiorium gestio - voluntary management; without consent of latter.
Solutio indebiti - no rights to demand; unduly delivered thru mistake.
Crime - civil liability; consequence of criminal offense
Quasi delicts - damage caused thru act or omission
Civil liability (Delicts)
SCOPE
Restitution - returning losts things
Reparation- claiming the obligation for the family of victim
Indemnification - damages
ART. 1163-1178
NATURE AND EFFECT OF OBLIGATION
Determinate if specific or particually designated; debtor cannot substitute
Generic if not determinate; cannot be pointed out; debtor can give anything
Why to know?
Loss of determinate thing through fortitous event exthinguishes obligation.
Obligation of one Obliged to give a determinate thing
1. To take care of thing with the diligence of a good father of family unless agreement or law requires
another standard of care
2. To deliver the accessions and accessories
Accessions - addition or improvements upon a thing (principal)
Accessories - joined to or included with a thing; completion.
3. To deliver the fruits of the thing
KINDS OF FRUITS
Natural fruits - products of the soil
Industrial fruits - produced by lands thru labor
Civil fruits - virtue of a juridical relation
The creditor has personal right to the fruit from the obligation to deliver arises but no real right to it.
Personal right - right to demand; can enforced by 1 person to another
Real right - right or interest over specific thing; enforceable against the world
REMEDIES OF CREDITOR
If the debtor fails to*
*deliver determinate thing
- compel to make delivery
-demand damages
*deliver generic thing
-ask debtor to comply at debtor expense
-demand damages to debtor
Grounds for liability to pay damages
1.fraud - (deceit or dolo) intentional dishonesty
DOLO INCIDENTE - committed in the performance
DOLO CAUSANTE - execution of contracts
2. Negligence - (fault or culpa) voluntary act or omission; no bad faith
CULPA CONTRACTUAL - negligence in contracts; breach
CULPA AQUILIANA - (civil) not supported preexisting contract; tort or quasi-delict
CULPA CRIMINAL - commission of a crime
3. Delay
Ordinary - merely failure to perform obligation on time
Legal - failure to perform on time which constitue breach of obligation
MORA SOLVENDI - debtor's delay; to give or to do
MORA ACIPIENDI - creditor's delay; to accept performance
COMPENSATIO MORAE - delay of obligors in reciprocal obligation
4. Contravention of the tenor of the obligation - violations of the terms and conditions in obligation
Damages
1.Damages
-harm done
-some of money that may be recovered in reperation for the harm done.
Injury
-wrongful unlawful tortious act that causes harm to others.
2. Kinds of damages
A. Actual or compensatory
B. Moral
C. Nominal
D. Temperate or moderate
E. Liquidated damages
F. Exemplary or corrective damages
3. Proof of precutionary loss
A. Actual - proof is required
B. Other damages- proof is nit required.
Fortuitous events are those events that cannot be foreseen or if can be forseen is inevitiable.
ACTS OF MAN - intentional acts of man
ACTS OF GOD (force majeure) independent will of human; flood, earthquake etc.
MUTUUM (Simple loan) - same amount of the same kind and quality shall be paid; gratuitous.
USURY - receiving imterests in excess of the loan
Presumption - inference of fact; arises from usual connection
• Conclusive- cannot be contradicted
• Disputable- rebuttable
Commodatum- essentially gratuitous
ART. 1179-1192 (SEC 1)
Different kinds of obligation.
1.Pure obligation - not subject to any condition
2. Conditional obligation - consequences are subject in one way to fulfill
CONDITION - effectivity or extinguishment of an obligation
• Future and uncertain
• Past but unknown
[[ effect ]]
Suspensive - will give rise to an obligation
Resolutory - will extinguish an obligation
[[ form ]]
Express - clearly stated
Implied - merely inferred
[[ possibility ]]
Possible - capable of fulfillment
Impossible - not capable
[[ cause or origin ]]
Potestative - depends upon the will; contracting parties
Casual - depends upon chance; third person
Mixed - depends partly upon chace and will
[[ mode ]]
Positive - performance of an act
Negative - omission of an act
[[ numbers ]]
Conjunctive - all must fulfilled
Disjunctive - only one or some
[[ divisibility ]]
Divisible - susceptible
Indivisible - not susceptible
USUFRUCT - enjoy the uss and fruits of a thing belongs to other.
ART. 1193-1998 (SEC 2)
3. Obligation with a period - consequences are subjected to expiration of said period.
Period - future and certain event upon arrival; day certain to come
[[ effect ]]
Suspensive - begins from a day certain of arrival
Resolutory - valid up to a day certain; terminated upon arrival
[[ source ]]
Legal - law
Conventional/Voluntary - agreed by the parties
Judicial - fixed by the court
[[ definiteness ]]
Definite - known when it will come
Indefinite - not fixed whn to come
GENERAL RULE: obligation is not demanable before the lapse of the period
ART. 1199-1206 (SEC 3)
4. Alternative obligation - several prestation are due but performsnce is sufficient
5. Facultative obligation - only one prestation are due but debtor may substitute another
ART 1207-1222 (SEC 4)
6. Joint obligation- ( mancomunada) to be paid proportionately by different debtors; demanded by
creditors; WE PROMISE TO PAY
Debtor- each debtor is liable only in proportionate share of the liab.
Creditor- each creditor is entitled only in proportionate amount.
7. Solidary obligation- (separadamente) each one of the debtors is bound to render; creditors to
demand; I PROMISE TO PAY
Passive - debtor; anyone can be liable of fulfillment
Active - creditor; anyone can demand fulfillment
ART.1223-1225 (SEC 5)
Divisible obligation - one is capable of partial performance.
Indivisible obligation - not capable of partial performance
ART. 1226-1230 (SEC 6)
Obligation with penal clause- imposes a greater liability to debtor in case of non compliance.
Penal clause - is accessory undertaking.
FUNCTION
A penal clause is attached to an obligation in order to insure performance amd has double function.
1.To provide for liquidated damages.
2. To streghthen the coercive force of obligation.
Kinds of penal clause.
[[ origin ]]
Legal- Imposed by law
Conventional - by agreement of parties.
[[ purpose ]]
Compensatory - penalty takes place of damages
Punitive - imposed merely for breach
[[ effect ]]
Subsidiary- when only penalty can be imposed
Joint- when both obligation and penalty may be imposed.
General rule: The penalty takes place of the damages and interest of non compliance.
ART. 1231-1261 (SEC 1)
Extinguishment of obligations
Causes of extinguishment of obligation
1.Payment or performance -not only in money but also in performance or in any mannner of an
obligation
Special forms of payment
Dacion en pago (dation in payment) conveyance of ownership of a thing as an accepted equivalent of
performance
Judicial cost - statutory amounts alloweds to an action for his expenses incurred in the action
Legal tender - currency which debtor can legally compel a creditor to accept in payment
Inflation- sharp sudden increase of money
Deflation- reduction in volume and circulation of money
2. Application of payment - designation of the debt
3. Payment by cession - assignment or abandonment of all properties of debtor
4. Tender payment- debtor; offering to a creditor the thing or amount due
Consignation- depositing the thing with the proper of court
ART. 1262-1269 (SEC 2)
2. Loss of the thing due - thing is los if it perishes or goes out of commerce or disapprears in such way
that its existense is unknown or cannot be recovered. Includes physical or legal imposibility.
Loss effect on obligation
1. Loss of determinate thing
Gen rule: will extinguished the obligation except
When the loss due to fault of debtor
When debtor incures delay
When law so provides
When stipulayed of parties
When nature ob obligation includea assumption of risk.
When debts proceeds from criminal offenses.
2. Loss of a generic thing.
- will not extinguish obligation exept on delimited generic.
3. Loss in personal obligation(obligation to do)
-When the prestation became legally or physically impossible with out fault of debtor the obligation is
extinguished.
- when the service has become so dificult as to tbe manifestly beyond the contemplation of parties, the
onligor will be released wholely or partly in the ibligation.
ART. 1270-1274 (SEC 3)
3. Condonation or remission - gratuitous abandonment by creditor
REQUISITES:
• gratuitous
• accepted by obligor
• have the capacity
• not be inofficious
• made expressly; comply with the forms of donation
[[ extent ]]
Comple - covers entire obligation
Partial - not cover entire
[[ form ]]
Express - made verbally or writing
Implied - inferred from conduct
[[ date of effectivity ]]
Inter vivos - take effect during lifetime of donor
Mortis causa - upon death of donor; will of testament
ART.1275-1277 (SEC 4)
4. Confusion or merger - meeting in one person the quality of creditor/debtor with respect to same
obligation
ART. 1278-1290
5. Compensation- when 2 persons become creditors and debtor of each other.
[[ extent ]]
Total - both are same amount; entirely extinguished
Partial - two are different amount; balance remains
[[ origins ]]
Legal - take place the operation of law; without knowledge
Voluntary - take place agreement of parties
Judicial - take place by order form a court in a litigation
Facultative - can be set up only by 1 of the parties
6. Novation - total or partial extinction thru creation of new one; substition
[[ origin ]]
Legal - operation of law
Conventional - agreement of parties
[[ constituted ]]
Express - unequivocal terms
Implied - old and new are essentially incompatible
[[ effect ]]
Extinctive - old; extinguished
Modificatory - old; modified
[[ subject ]]
Real - objective; change
Personal - subjective; debtor substituted
Mixed - both are changed
KINDS: Personal Novation
Substitution - person of debtor substituted
Subrogation - third person is subrogated in the rights of creditor
KINDS: Substitution
Expromision - take place with his own initiative
Delegacion - take place when creditor accepted the third person
7. Abutment
8. Rescission
9 fullfillment of resolutory condition
10 prescription
11 others
Partial or modificatory.OBLIGATION SORIANO MADE QUICKER.
Use at your own risk.
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