Law on Obligations Flashcards
In case of suspensive condition and suspensive period, the payment of money by mistake which is not yet due, the amount of money to be returned, respectively, is equal to the
sum of money plus interest if bad faith
sum of money plus interest whether bad faith or not
What are the remedies of a debtor who made a payment by mistake
if the thing is still possessed by the creditor
if the thing is no longer in the possession of the creditor
reindivicatoria - remedy to recover ownership of real property
indemnification for damages
What are the accessory obligation to deliver a determinate thing (3)
to preserve the asset
to deliver the fruits after the obligation to deliver
to deliver accessories (better use) and accessions (attached)
The retroactive effect in case of a conditional obligation
principal
fruits
retroact; mutually compensated if reciprocal or debtor’s if unilateral
Retroactive effect for an obligation with a period
no retroactive effect
General remedies when a debtor fails to pay an obligation
- Specific performance except for service or when determinate thing is already lost
- Substitute performance
- Damages if rescinded
If a creditor first asks for a rescission, can it subsequently demand performance
no
If the accused is acquitted and found that he did not do the act, is there a civil liability
what if there is a reasonable doubt that he did do the act
none; can still be civilly liable
Exclusive damages and additional damages
- Nominal
- Temperate or moderate
- Actual or compensatory
- Liquidated
- Moral
- Exemplary
To vindicate a right; no injury
nominal
With injury but without proof
temperate or moderate
With contract
liquidated
Defense against a vicarious liability and subsidiary liability
defense of a diligence of a good father of a family; none
Penalty is construed strictly against whom
the awarding penalty
Is proof necessary to demand penalty
no
Can damages and interest be awarded in addition to penalty
yes if It is stipulated, debtor refuses to pay the penalty or the debtor is guilty of fraud in the fulfillment of the obligation
Can a single act be a multiple source of obligation
yes
Can there be double recovery for criminal cases involving a single act
no
Cases or persons who are legally solidarily liable (CQHPAB)
crime; quasi-delict; heirs who took possession of the estate; parents to give support; agent who exuded authority; two or more bailees
Can the insolvency of others or personal defense of others be a defense for non-payment
no
Estoppel;
- by his conduct causes others to believe
- Denies a material fact
- neglect to assert his right
in pais
by deed
by laches
What is the effect if the creditor accepts knowingly its irregularity without protest
deemed fully complied with
What will be the effect if payment is made to one who does not have free disposal or capacity to alienate
invalid except when kept or benefited
The place of payment when there is no stipulation
- Where the obligation is constituted
- Debtor’s domicile
