Professional Documents
Culture Documents
1. Sources of obligation
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts ( act or omission punished by law)
e. Quasi-delicts
Law when imposed by the law itself [not presumed] (ex. Obligation to
pay taxes; obligation to support ones family)
2. Kinds of quasi-contracts
a. Negotiorum Gestio-voluntary administration of the property business or
affairs of a third person without the consent or authority of its owner.
a. Restitution
b. Reparation
c. Indemnification for consequential damages
Commission of crime does not always make a person civilly liable (ex.
Illegal possession of firearm)
Kinds of fraud:
Kinds of delay:
a. Fraud
b. Negligence
c. Delay
d. Contravention of the term of the agreement
Kinds of damages:
a. Moral
b. Exemplary
c. Nominal
d. Temperate
e. Actual
f. Liquidated
Obligation to give:
a. To preserve and take good care of the thing
b. To deliver the thing including its fruits
c. To deliver the accessions and accessories
Kinds of fruits:
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OUTLINE OF LECTURE IN LAW ON OBLIGATIONS
(Kinds of obligations)
1. Kinds of obligations
1. Pure obligation
2. Conditional obligation
3. Obligation with a period
4. Alternative obligation
5. Facultative obligation
6. Joint obligation
7. Solidary obligation
8. Divisible obligation
9. Indivisible obligation
10.Obligation with penal clause
Pure obligations is one which is not subject to any condition and no specific
date is mentioned for its fulfillment by the debtor and is, therefore,
immediately demandable by the creditor.
b. Kinds of condition
Principal kinds:
1. Suspensive the fulfillment of which will give rise to obligation.
2. Resolutory the fulfillment of which will extinguish the obligation.
Conditions that annul or invalidate the obligation which depends upon them:
1. Potestative suspensive condition which depends upon the sole will of the
debtor.
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.
The obligation becomes effective on the day the obligation is constituted. The
effect is retroactive.
1. If unilateral, the debtor as a rule will get the fruits and interest.
2. If reciprocal, the fruits and interest during the pendency of the condition
are deemed mutually compensated although unequal.
4. If the thing is improved at the expense of the debtor the latter has the
same rights as a usufructuary as follows:
1. When it is pure
2. Then it is subject to a resolutory condition
3. When it is subject to a resolutory period
b. Kinds of periods
1. Suspensive (ex die) a day certain the arrival of which makes the
obligation demandable.
2. Resolutory (in diem) a day certain the arrival of which terminates
the obligation.
c. When the court may fix a period
1. When the obligation does not fix a period but it can be inferred from
its nature and circumstances that a period was intended.
2. When the duration of the period depends upon the will of the
debtor.
The choice shall produce effect only from the time it has been
communicated to the creditor. Until the election is made and
communicated, the obligation remains alternative.
If the obligation is divisible but only partially performed, the obligor can
enforce his right in proportion the services performed Quantum
meruit principle.
1. When it is stipulated
2. When the debtor is guilty of fraud
3. When the debtor refuses to pay the penalty.
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(Modes of extinguishing an obligation)
2. Payment
a. Payment of fulfillment consists in the delivery of a sum of money or a
thing or doing a thing or not doing something.
b. Persons from whom creditors must accept payment.
a. The debtor
b. Person who has an interest in the obligation
c. Person stipulated in the contract to make
c. Persons to whom payment must be made
a. Creditor
b. Successor in interest
c. Person authorized to received payment
d. Payment of person who is incapacitated. As a rule the payment is not
valid,
The creditor cannot be even be completed to accept it.
e. Payment by a third person
a. If made without the consent or against the will of the debtor, the
payor can recover is so far as the payment was beneficial to the
debtor.
b. If made with consent of the debtor, the payor shall have the right
of reimbursement and subrogation that is to recover what he has
paid and to acquire all the rights of the creditor.
c. If made by a third person who does not intended to be
reimbursed, it is deemed to be a donation.
f. Payment to a third person
Payment to a third person is not valid. EXCEPT:
a. When the third person is authorized to receiver it
b. When the payment of the third person has redounded to the benefit
of
the creditor.
c. When the third person is in possession of the credit and the payment
was in good faith.
g. Special modes of payment
a. Application of payment
b. Dation in payment
c. Cession of payment
d. Tender of payment
5. Merger or confusion
a. Merger or confusion is the meeting in one person the qualities of
creditor and debtor with respect to the same obligation.
b. Requisites for valid merger:
1. Must take place between the principal debtor and creditor
2. Merger must be clear and definite
3. Obligations are the same or incidental
6. Compensation
a. Compensation is the extinguishment to the concurrent amount of
debts or 2 persons who, in their own rights are debtors and creditors of each
other.
b. Requisites of legal compensation:
1. That each of the obligors be bound principally, and that he be
at the same time principal creditor of the other.
2. Both debts consists in a sum of money, or if the things due are
consumable, they be of the same kind, and also of the same quality if the
latter has been stated.
3. 2 debts are due.
4. They be liquidated and demandable.
5. Either debt is not involved in any retention or controversy
commenced by a third person and communicated in due time to the debtor.
Requisites of expromission:
1. Initiative of payment comes from the third person
2. Consent of the creditor and the new debtor is required
3. Obligation of the old debtor is absolutely extinguished
Requisites of delegacion:
1. Initiative of payment comes from the debtor.
2. The original debtor, the creditor and the third person, or the new debtor
must consent
3. The obligation of the old debtor is generally extinguished
The insolvency of the new debtor, who has been proposed by the original
debtor and accepted by the creditor, shall not revive the action of the
latter against the original obligor. EXCEPT when said insolvency was
already existing and of public knowledge or known to the debtor when he
delegated his debt.
f. Subrogation transfer to the third person all the rights appertaining to
the creditor, including the right to proceed against the guarantor,
possessors of mortgages, subject to any legal provision or any
modification that may be agreed upon.
Kinds of subrogation:
1. Conventional takes place by agreement of the original creditor,
the third person substituting the original creditor, and the
debtor.
2. Legal takes place by operation of law.
Prescriptive periods:
The following actions must be brought within 10 years from the time the right
of action accrues:
a. Upon a written contract
b. Upon an obligation created by law
c. Upon a judgment