LAW ON OBLIGATIONS Flashcards
Obligations demandable at once (3)
Pure Obligation
Obligation in diem
Obligation with a resolutory condition
Differentiate potestative condition vs casual condition
Potestative condition depends upon the will of the of one contracting parties while casual condition is based on chance
Kinds of conditions which annul an obligation based on their existence (4)
Impossible condition
Suspensive condition which depends upon debtor’s will
Conditions contrary to good customs or public policy
Conditions prohibited by law
Effect of payment by mistake during the pendency of the suspensive condition
Debtor can recover interest if creditor acted in bad faith
Effect of payment during the pendency of an obligation with a period
Debtor can recover money and with interests whether the creditor acted in good faith or bad faith
If during the pendency of the suspensive condition the debtor delivered a specific thing by mistake
Remedies:
- Accion reinvidiatoria
- Action for indemnification for damages
Accion reivindicatoria or accion de reivindicacion is, thus, an action whereby the plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. It is a suit to recover possession of a parcel of land as an element of ownership. The judgment in such a case determines the ownership of the property and awards the possession of the property to the lawful owner. It is different from accion interdictal or accion publiciana where plaintiff merely alleges proof of a better right to possess without claim of title[8].
Acts made by solidary creditors with any solidary debtors extinguish the solidary obligation but may be subject to possible reimbursement among the solidary creditors and solidary debtors themselves (4)
Novation
Compensation
Confusion
Remission
PRESCRIPTION PERIOD FOR QUASI-CONTRACTS
6 YEARS
PRESCRIPTION PERIOD FOR ORAL CONTRACTS
6 YEARS
PRESCRIPTION PERIOD FOR WRITTEN CONTRACTS
10 YEARS
PRESCRIPTION PERIOD FOR COURT JUDGMENT
10 YEARS
PRESCRIPTION PERIOD FOR QUASI-DELICTS
4 YEARS
EXTINGUISHMENT BY FULFILLMENT OF THE PRESTATION DUE
PAYMENT OR PERFORMANCE
Special forms of payment (3/4)
Application of payment (?)
Payment by cession
Payment in kind
Tender of payment or consignation
Type of payment which involves the voluntary abandonment of the universality of the property of the debtor for the benefit of his creditors
Payment by cession
Legal compensation prohibited but facultative compensation is: 6
Renunciation of the effect of compensation by a party
Obligation arises from: deposit, commodatum
Creditor has claim for future support due by gratuitous title
Debts consists in civil liability arising from crime
Debts pertains from taxes
Types of Novation of Obligation
Changing the object of principal conditions
Delegacion or expromission
Legal or Conventional subrogation
Shortening the term of obligation
Types of Novation
Subjective or personal
Objective or real
Partial
Implied
Remedy of creditor in quasi contract (2 options)
- Reimbursement
2. If not available: Quantum Meruit
Remedies available in the case of civil liability arising from delicts
- Restitution/restoration
- reparation
- Indemnification
Requisites for torts (4)
- Act/ omission
- Fault/negligence
- Damage caused
- Direct relation of 1, 2,3
Debtor losses the right of period when
IM-VI-ATT-FUR-IN iMPAIRED THE GUARANTY VIOLATES THE UNDERTAKING ATTEMPTS TO ABSCOND DID NOT FURNISH THE GUARANTY INSOLVENCY
WHEN COURTS CAN FIXED A PERIOD
NO-REP-WILL
NO PERIOD BUT THE NATURE OF OBLIGATION REQUIRES A PERIOD
RECIPROCAL OBLIGATION-RECISSION APPLIED BY ONE PARTY
WHEN IT DEPENDS ON THE WILL OF THE DEBTOR
EFFECT OF FULFILLMENT OF SUSPENSIVE CONDITION
RETROACTS TO THE DAY OF THE FULFILLMENT OF THE OBLIGATION
EXCEPTION:
-FRUITS IN RECIPROCAL OBLI
-PRESCRIPTION HAPPENING OF THE CONDITION
