1 - OBLIGATIONS Flashcards
What is the definition of an obligation under Article 1156?
An obligation is a juridical necessity to give, to do, or not to do something (Civil Obligation).
What are the four requisites that constitute an obligation?
- Juridical Tie (Vinculum Juris): The efficient cause of the obligation.
- Active Subject (Creditor/Obligee): The party entitled to demand performance.
- Passive Subject (Debtor/Obligor): The party obligated to perform.
- Prestation: The specific conduct or promise required from the debtor.
What are the kinds of obligations?
- To Give: Determinate/Specific; Indeterminate/Generic
- To Do: Positive obligation
- Not to Do: Negative obligation
What are the sources of obligations?
- Law (Ex Lege): Statutes and principles that create obligations.
- Contracts (Ex Contractu): Binding agreements formed from a meeting of the minds.
- Quasi-Contracts (Ex Quasi Contractu): Lawful, voluntary, and unilateral acts.
- Delicts (Ex Delicto): Acts or omissions punishable by law.
- Quasi-Delicts (Ex Quasi Delicto): Acts or omissions that cause damage to another.
What is the principle governing quasi-contracts?
No one should be unjustly enriched at the expense of another, meaning that if one benefits, they must reimburse.
What are the principal kinds of quasi-contracts?
- Negotiorum Gestio: Unauthorized management.
- Solutio Indebiti: Undue payment.
What rights does a creditor have in a real obligation?
- Right to specific performance.
- Right to damages, which can be exclusive or in addition to performance.
- Entitlement to fruits (interest from the obligation to deliver).
What types of fruits can a creditor claim?
- Natural Fruits: Products of the soil.
- Industrial Fruits: Resulting from cultivation or labor.
- Civil Fruits: Arising from a legal relationship.
What are the three types of diligence in obligations, and who is responsible for each?
- Extraordinary Diligence: Required from banks and common carriers.
- Ordinary Diligence: Reasonable care to protect one’s own property.
- Simple Diligence: Reasonable care to protect another person’s property.
What are the obligations of a debtor in specific obligations?
- Specific performance.
- Diligence of a good father of the family.
- Deliver all accessions and accessories.
- Liability for damages in case of breach.
What are the obligations of a debtor in generic obligations?
- Deliver items, which should be neither superior nor inferior.
- Liability for damages in case of breach.
What happens if a debtor experiences involuntary breach due to a fortuitous event?
The debtor is not liable for damages. A specific obligation is extinguished, while a generic obligation remains in effect.
What constitutes a voluntary breach of obligation, and what are the types?
A voluntary breach occurs when a debtor fails to perform due to their own actions, resulting in liability for damages. Types include:
- Mora Solvendi: Delay by the debtor.
- Mora Accipiendi: Delay by the creditor.
- Compensatio Morae: Delay by both parties.
What are the repercussions of fraud (Dolo) in obligations?
- Future Fraud: Void agreements.
- Past Fraud: Valid agreements.
- Dolo Incidente: Present during performance, allowing recovery of damages.
- Dolo Causante: Present at the creation of the obligation, vitiates consent, allowing annulment.
What are the types of negligence (culpa) in obligations?
- Culpa Aquiliana: Quasi-delict causing civil damages.
- Culpa Criminal: Arising from a criminal act (delict).
- Culpa Contractual: Breach of contract increasing liability.
- Contravention of the Tenor: Illicit acts harming the performance of the obligation.
What are the rights of creditors in personal obligations?
- Positive Personal Obligations: Performance by the debtor at their expense; damages for breach.
- Negative Personal Obligations: Must be undone at the expense of the debtor; damages may be claimed.
What are the different types of damages that can be claimed?
- Moral Damages: For mental and physical anguish.
- Exemplary Damages: To correct or set an example.
- Nominal Damages: To vindicate a right disrespected.
- Actual Damages: Compensatory, requiring proof.
- Liquidated Damages: Agreed upon by parties in case of breach of contract.
What are the principal remedies available against a breach of contract?
- Action for Performance
- Action for Damages
- Action for Rescission
What are the subsidiary remedies available in case of breach?
- Action Subrogatoria: Subrogation to the rights of the debtor.
- Action Pauliana: Remedy to challenge acts that defraud creditors.
What are the main kinds of obligations based on their characteristics?
- Pure Obligation: Demandable at once.
- Conditional Obligation: Dependent on uncertain future events (Suspensive & Resolutory)
- Obligation with a Period: Future and certain, which benefits both parties generally.
What are the definitions of “Ex Die” and “In Diem” in terms of obligations?
- Ex Die: The period begins on a certain date.
- In Diem: The period ends on a certain date.
What effects do suspensive and resolutory obligations have?
- Suspensive Obligation: Fulfillment of the condition gives rise to the obligation.
- Resolutory Obligation: Fulfillment extinguishes the obligation.
What are the types of conditions based on the will of the parties?
- Potestative: Depends on one party’s will.
- Casual: Depends on chance.
- Mixed: Depends on both chance and the will of a third party.
In terms of divisibility, what distinguishes between divisible and indivisible obligations?
- Divisible: Susceptible to partial realization.
- Indivisible: Not susceptible to partial realization.
In what situations does a debtor lose the right to a period?
- Insolvency.
- Failure to furnish promised securities.
- Impairment of securities due to their own actions.
- Violation of undertakings.
- Attempt to abscond.
What is the purpose of an obligation with a penal clause?
- To ensure performance of the obligation.
- To liquidate damages in case of breach.
- To penalize the debtor for non-compliance.
Under what circumstances can a penalty be reduced?
- If the principal obligation is partially or irregularly fulfilled.
- If the penalty is excessive or unconscionable.
How do facultative obligations differ from alternative obligations?
- Facultative Obligation: One prestation is due, but may be replaced at the debtor’s choice.
- Alternative Obligation: Several prestations are due, and fulfilling one discharges the obligation.
What is the general rule regarding joint and solidary obligations?
The obligation is presumed to be joint unless expressly stipulated otherwise.
What distinguishes a joint obligation from a solidary obligation?
- Joint Obligation: Fulfilled proportionately by debtors or creditors.
- Solidary Obligation: Each debtor is liable for the entire prestation, and each creditor may demand full performance.
What are the modes of extinguishment of obligations?
- Payment/Performance
- Loss of the Thing Due
- Condonation/Remission of Debt
- Confusion/Merger of Rights
- Compensation
- Novation
- Fulfillment of Resolutory Condition
- Rescission
- Annulment
- Prescription
What does valid payment require according to the “ICE CUBE” principle?
- Identity of Prestation
- Integrity of Prestation
- Indivisibility of Prestation
What are the requisites for valid dation in payment (Dación en Pago)?
- Money obligation.
- Alienation of property.
- Satisfaction of the money obligation.
What characterizes payment by cession?
The debtor abandons all property to creditors, requiring plurality of debts, partial insolvency, and acceptance by the creditor.
What is consignation, and when can it be utilized?
Consignation is the deposit of the object of the obligation in court when the creditor refuses payment.
What is the general rule regarding the loss of the thing due?
The debtor is presumed at fault if the loss occurs while in their possession.
What are the requirements for condonation or remission of a debt?
It must be gratuitous in nature, must be accepted by the debtor, and the obligation must be completely extinguished.
