idunno Flashcards
Real Obligation - Obligation to give
Personal Obligation - Obligation to do or not to do ( positive & negative)
ARTICLE 1156
Obligation arises from law, contract, Quasi-contracts, Delict, Quasi-delicts
1157
The Parties must abide the terms of the contract
1159
Laws that are not stated on the book of law are not demandable, Only those expressly determined are demandable
1158
Meeting of minds between 2 parties whereby one binds himself to an obligation
Contract
Performance in accordance with the terms of the contract, sincerity and honesty must be observed
Compliance in good faith
Talks about Quasi-contracts
1160
Kinds of quasi contracts
Negotiorum Gestio
Solutio Indebiti
Kinds of contract
a voluntary act
delivery of money or property by mistake
Negotiorum Gestio
Solutio Indebiti
Voluntary and unilateral acts by virtue of which the parties become bound to each other for the purpose of no one shall be unjustly eneiched or benefited at the expense of another
Quasi Contracts
Talks about obligation arising from criminal offenses / Delicts
1161
Every person criminally liable for an act or omission is also civilly liable damages suffered by aggrieved partie
Civil Liability in addition to criminal liability
Crimes which cause no material damage like traffic violations
Criminal Liability without Civil Liability
A person criminally responsible may still be liable civilly, causing damage to another’s property without malicious or criminal intent ; quasi delict
Civil Liability without Criminal Liability
Talks about Obligations derived from quasi delicts
1162
an act or omission by a person 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.
Quasi Delict
Talks about those obliged to give something must practice the proper diligence of good father of a family
1163
Physically segragated from others of the same class
Specific/Determinate Thing
Cannot be pointed out with particularity
Genus/Indeterminate Thing
Duties of debtor in obligation to give
Preserve or take care of the thing
Delivery the fruits of the thing
Deliver the accessions and accessories
Deliver the thing it self
Answer for the damages in case of non fulfillment or breach
Talks about the rights of the creditor to the fruits of the thing
1164
Spontaneous products of soil
Natural Fruits
produced by lands of any kind through cultivation pf labor
Industrial fruits
derived by virtue of a Juridical relation
civil fruits
Birth of the contract
Perfection of the Contract
right or power of a person to demand from another, as a definite passive subject, the fulfillment of the latter’s obligation to give to do or not to do.
right to demand on specific person
Personal right
right or interest of a person over a specific thing like ownership possession or mortgage, without a definite passive subject against home the right may be personally enforced.
you already owned the property, so your right is against everyone
Real right
Talks about the remedies of Creditor in a real Obligation whether generic or specific
If the thing is specific, he may compel the debtor
IF the thing is generic, he may aske the obligation be complied at the expense of the debtor
1165
Remedy of Specific Real Obligation
• demand specific performance or fulfillment
• demand recession are cancellation
• demand payment of damages only,
Remedy of Generic real Obligation
Can be performed by a third person
Talks about the delivery of the inclusions of determinate thing, accessions and accessories
1166
Fruits of a thing or additions to or improvements upon a thing
Accessions
Things joined to or included with the principal thing
accessories
Talks about if a person obliged to do something fails to do it, the same shall be executed at his cost. the 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.
1167
Remedy of the creditor in positive personal Obligation
to have the obligation performed by himself or by another which is the third person.
to recover damages.
