HEADS UP Flashcards
Means the rule of action or any system
of uniformity.
Law
Characteristic of Law -ROPO
Rule of conduct
Obligatory
Promulgated by legitimate authority
Of common observance and benefit
Principal Sources of LAW - CLAJ-C
Constitution
Legislation
Administrative or Executive orders, Regulations, and Rulings
Jurisprudence
Customs
Article 3 Civil Code of The Philippines
Ignorance of the Law excuses no one from compliance therewith
portion of body of the law creating, defining, and regulating rights and duties which may either be public or private in character.
Substantive Law
An Example of Private law
Law on Obligation and Contracts
portion of the body of the law prescribing the manner or procedure by which rights ,ay be enforced or their violations redressed. Sometimes this is called remedial law or procedural law.
Adjective law
is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts
Law on obligation and contracts
Obligation to give
Real obligation
Obligation to do or not to do
Personal Obligation
Article 1157. Obligations arise from?
(1) Law
(2) Contracts
(3) Quasi-contracts
(4) Acts or omission punished by law
(5) Quasi- delicts
is the voluntary management of the property or affairs of another without the knowledge or consent of the latter
Negotiorum Gestio
Juridical relation which is created when something is receives when there is no right to demand it and it was unduly delivered through mistake. It is based on the principle that no one shall enrich himself unjustly at the expense of another
Solutio Indebiti
A thing is said to be ___________ if it is particularly designated or physically segregated from others of the same class
specific or determinate
A thing is _________ when it refers only to class or genus to which it pertains and cannot be pointed out with particularity
generic or indeterminate
Remedies of Creditor in Specific Real obligation
- Demand specific performance (if it is still possible) of the obligations with a right to indeminity for damages; or
- Demand rescission or cancellation (in certain cases) of the obligation also with a right to recover damages; and
- Demand payment of damages only, where it is the only feasible remedy
are the fruits of a thing or additions to or improvements upon a thing (the principal)
Accessions
are the things joined to or included with the principal thing for the latter’s embellishment, better use, or completion
Accesories
Art.1167 Remedies of Creditor in Positive Personal Obligation
- To have the obligation performed by himself, or by another, unless personal considerations are involved, at the debtor ‘s expense; and
- To recover damages.
is the failure to perform an obligation on time.
Delay
Kinds of Delay
a. Mora solvendi
b. Mora accipendi
c. Compensatio morae
delay on the part of the debtor to fulfill his obligation
Mora solvendi
delay on the part of the creditor to accept the performance of the obligation
Mora accipiendi
delay of the obligors in reciprocal obligation
Compensatio Morae
is any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillments of an obligation. It is the failure to exercise the degree of care required by the circumstances
Negligence
Kinds of negligence
a. Contractual Negligence (culpa contractual)
b. Civil Negligence (culpa aquiliana)
c. Criminal Negligence (culpa criminal)
negligence in contract resulting in their breach
Contractual Negligence
negligence which by itself is the source of an obligation between the parties not so related before any pre-existing contract. it is also called quasi-delict
Civil Negligence
negligence resulting to the commision of a crime.
Criminal Negligence
any event which cannot be foreseen or which, though foreseen is inevitable. Stated otherwise, it is an event which is either impossible to foresee or impossible to avoid
Fortuitous Event
those events which are common and which the contracting parties could reasonably foresee.
Ordinary
those events that are uncommon and which the contracting parties could not have reasonable foreseen
Extraordinary
usually Acts of God
Force Majeure
is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels, or credits
Usury
Requisites for the Recovery of Interest
a. Payment of interest must be expressly stipulated;
b. The agreement must be in writing; and
c. The interest must be lawful
is meant interference of a fact not actually known arising from its usual connection with another which is known or proved.
Presumption
Kinds of Presumptions
a. Conclusive
b. Disputable
Presumption that cannot be contradicted
Conclusive
Presumption that can be contradicted or rebutted by presenting proof of the contrary.
Disputable
is one which is not subject to any condition and no specific date is mentioned for its fulfillment and therefore immediately demandable.
Pure Obligation
is one whose consequences are subject in one way or another to the fulfillment of a condition
Conditional Obligation
is a future and uncertain event, upon the happening of which the acquisition or extinguishment of an obligation (or right) subject to it depends.
Condition
Kinds of Condition
a. Suspensive Condition
b. Resolutory Condition
one the fulfillment of which will give rise to an obligation (or right)
Suspensive Condition
one the fulfillment of which will extinguish an obligation (or right) already existing.
Resolutory Condition
Kinds of Impossible Conditions
a. Physically Impossible Condition
b. Legally Impossible Condition
When they, in nature of things, cannot exist or cannot be undone
Physically Impossible
when they are contrary to law, morals, good customs, public order, or public policy
Legally Impossible
Kinds of Loss
a. Physical loss
b. Legal loss
when the thing perishes
Physical loss
when a thing goes out of commerce or when a thing heretofore legal becomes illegal
Legal loss
