OBLICON M2 Flashcards
Types of real obligations
Determinate/specific
Indeterminate/Generic
Limited generic
Particularly designated or physically segregated from all others
of the same class;
Determinate/specific
Is designated merely by its class or genus;
Indeterminate/Generic
Generic objects confined to a particular class (Tolentino, 2002);
E.g. An obligation to deliver one of my horses.
Limited generic
Nature of the right of the creditor with respect to fruits
Before delivery
After delivery
Before delivery
Personal right;
After delivery
Real right.
The right or power of a person (creditor) to
demand from another (debtor), as a definite
passive subject, the fulfillment of the latter’s
obligation to give, to do, or not to do.
PERSONAL RIGHT
The right or interest of a person over a specific
thing (i.e. ownership, possession, mortgage),
without a definite subject against whom the
right may be personally enforced.
REAL RIGHT
There is a definite active subject and a definite
passive subject.
PERSONAL RIGHT
There is only a definite active subject without
any passive subject.
REAL RIGHT
Binding and enforceable only against a
particular person.
PERSONAL RIGHT
Directed against the whole World.
REAL RIGHT
Types of personal obligations
Positive
Negative
Positive
To do;
Negative -
Not to do.
Remedies in personal obligations
Positive personal obligations
Negative personal obligation
What are under Positive personal obligations?
Not purely personal act
Purely personal act
To have obligation executed at debtor’s expense plus damagets
Not purely personal act
Damages only.
Purely personal act
To have the prohibited thing undone at the expense of the debtor
plus damages. However, if thing cannot be physically or legally undone, only damages may be
demanded
Negative personal obligation
If specific performance will be allowed, it will amount to involuntary servitude which is prohibited
by the Constitution
Specific performance is not a remedy in positive personal obligations
Degree of diligence required
That agreed upon;
In the absence of such, that which is required by the law;
In the absence of the foregoing, diligence of a good father of a family
GR: breaches of obligation
Common carriers requiring extraordinary diligence (NCC, Arts. 1998-2002);
b. Banks require the highest degree of diligence, being imbued with public interest.
xpn : BREACHES OF OBLIGATIONS
That reasonable diligence which an ordinary prudent person would have done under the same
circumstances.
Diligence of a good father of a family
Forms of breach of obligations
Voluntary
Involuntary
Debtor is liable for damages if he is guilty of:
Default (mora)
Fraud (dolo)
Negligence (culpa)
Breach through contravention of the tenor thereof
Voluntary
Debtor is unable to perform the obligation due to fortuitous event thus not
liable for damages.
Involuntary
If a person obliged to do something fails to do it, or if he does it in contravention of the tenor of the
obligation or what has been poorly done be undone, the same shall be executed at his cost
Effects of breach of obligation
When the obligation consists in not doing, and the obligor does what has been forbidden him, it
shall also be undone at his expense
Effects of breach of obligation
Those obliged to deliver or to do something incur in delay from the time the obligee (creditor)
judicially or extrajudicially demands from them the fulfillment of their obligation.
DELAY (MORA) OR DEBTOR’S DEFAULT
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to
comply in a proper manner with what is incumbent upon him. From the moment one of the parties
fulfills his obligations, delay by the other begins
DELAY (MORA) OR DEBTOR’S DEFAULT
Kinds of delay
Ordinary delay
Extraordinary delay or legal delay
This is the mere failure to perform an obligation at the stipulated time.
Ordinary delay
This delay already equates to non-fulfillment of the
obligation and arises after the extrajudicial or judicial demand has been made upon the debtor
Extraordinary delay or legal delay
Kinds of legal delay or default
Mora solvendi
Mora accipiendi
Compensatio morae
Default on the part of the debtor/obligor
Mora solvendi
What is under Mora solvendi?
Ex re
Ex personae
Default in real obligations (to give);
Ex re
Default in personal obligations (to do);
Ex personae
Default on the part of the creditor/obligee;
Mora accipiendi
Default on the part of both the debtor and creditor in reciprocal
obligations.
Compensatio morae
Causes of cessation of the effects of mora
Renunciation (express/implied); or
Prescription.
Requisites of Mora solvendi
Obligation Pertains to the debtor;
Obligation is Determinate, due and demandable, and liquidated;
Obligation has not been performed on its Maturity date;
There is Judicial or extrajudicial demand by the creditor; and
Failure of the debtor to comply with such demand.
Mora solvendi does not apply in natural obligations because performance is optional or voluntary
on the debtor’s part. One can never be late in not giving or doing something.
Non-applicability of mora solvendi
Requisites of Mora Accipiendi
Offer of performance by a capacitated debtor;
Offer must be to comply with the presentation as it should be performed;
Refusal of the creditor without just cause
Reciprocal obligations are those which arise from the same cause, wherein each party is a debtor and
a creditor of the other, such that performance of one is conditioned upon the simultaneous fulfillment
of the other from the moment one of the parties fulfills his obligation, delay by the other party begins.
Reciprocal Obligations
One party incurs in delay from the moment the other party fulfills his obligation, while he himself does not comply or is not ready to comply in a proper manner with what is incumbent upon him.
Delay in reciprocal obligations
Demand is only necessary in order for a party to incur delay when the respective obligations are to be performed on separate dates
Delay in reciprocal obligations
It is incidental fraud of fraud in the performance of the obligation and not the fraud in the execution of the contract or casual fraud.
Fraud as mentioned in art. 1171
It is the intentional evasion of the normal fulfillment of the obligation.
Fraud as mentioned in art. 1171
With respect to fraud that has already been committed (past fraud) , the law does not prohibit renunciation of the action for damages based on the same since such can be deemed an act of generosity.
Waiver of action arising from future fraud
What us renounced is the effect of fraud, particularly the right to indemnity. However, the law prohibits any waiver of an action of future fraud since the same is contrary to law and public policy. Waiver for future fraud is void.
Waiver of action arising from future fraud
The fault or negligence of the obligor consists in the omission of that diligence which is required by
the nature of the obligation and corresponds with the circumstances of the persons, of the time and
the place. When negligence shows bad faith, the provisions of Art. 1171 and 2201, paragraph 2, shall
apply. If the law or contract does not state the diligence which is to be observed in the performance,
that which expected of a good father of a family shall be required
CULPA OR NEGLIGENCE
Did the defendant in doing the alleged negligent act use the reasonable care and caution which an
ordinarily prudent person would have used in the same situation? If not, then he is guilty of
negligence.
Test of negligence
Kinds of Negligence or culpa
culpa contractual (contractual negligence)
Culpa acquiliana (civil negligence or tort or quasi delict)
Culpa criminal (Criminal negligence)
Negligence which results from the breach of contract;
culpa contractual (contractual negligence)
Acts or omissions that cause damage to
another, there being no contractual relation between the parties
Culpa acquiliana (civil negligence or tort or quasi delict)
Those which results in the commission of a crime or a delict
Culpa criminal (Criminal negligence)
