OBLICON MIDTERMS Flashcards
What are the instances when the fruit cannot be recovered
- When the obligation is reciprocal, and there has been pre-payment of both sides.
- When the obligation is alone, and the debtor is bound to pay the interest
- When the period is exclusively for the creditors’ benefit
- When the debtor is aware of the period and pays anyway the waiver
Types of Obligations
Personal
Real
Reciprocal
SOURCES OF OBLIGATION
LAW
CONTRACTS
QUASI CONTRACTS
DELICT
QUASI DELICT
TYPES OF REAL OBLIGATION
Specific or determinate
Generic or Indeterminate
Delimited Generic
Types Of Condition
Suspensive Condition
Resolutory Condition
KINDS OF DEFAULT/DELAY?
★ MORA SOLVENDI
★ MORA ACCIPIENDI
★ COMPENSATIO MORAE
DELAY ON THE PART OF THE DEBTOR
➢ MORA SOLVENDI
DELAY ON THE PART OF THE CREDITOR
➢ MORA ACCIPIENDI
BOTH THE DEBTOR THE CREDITOR ARE IN DEFAULT
➢ COMPENSATIO MORAE
Definition of Obligation
a juridical relation whereby a person (called the creditor) may demand from another (called the debtor) the observance of a determinate conduct (the giving, doing, or not doing), and in
case of breach, may demand satisfaction from the assets of the Latter.”
Requisites of Object
a. licit - if illicit, it is void
b. possible - if impossible, it is void
c. determinate or determinable - or else, void
d. pecuniary value
Kinds of Obligations
civil obligation
natural obligation
moral obligation
Obligations imposed by statutory law (e.g., tax obligations, obligations to support family members).
Law
Obligations arising from the stipulations and agreements between parties, subject to the autonomy of contracts under Article 1306.
Contracts
Obligations imposed by law, arising from voluntary and lawful acts which do not involve contracts (e.g., negotiorum gestio, solutio indebiti).
Quasi-Contracts
Obligations arising from criminal acts, where a civil liability may accompany the criminal liability (e.g., restitution, reparation for damages).
Delicts or Crimes
Obligations arising from damages caused to another by fault or negligence, which are not criminal in nature (e.g., damages in cases of accidents).
Quasi-Delicts (Torts)
The person who has the right to demand the performance of the obligation.
Active Subject (Obligee)
The person who is bound to perform or fulfill the obligation.
Passive Subject (Obligor)
The conduct or act that is the subject of the obligation, which may involve giving, doing, or not doing something.
Object or Prestation
The legal bond that binds the obligor to the obligee, compelling the obligor to perform or fulfill the prestation.
Juridical or Legal Tie (Vinculum Juris
Elements of obligations
Active Subject (Obligee)
Passive Subject (Obligor)
Object or Prestation
Juridical or Legal Tie (Vinculum Juris)
Power demandable by one person of another (obligation to give, to do or not to do)
PERSONAL RIGHT
A power over a specific thing and it is binding on the whole world.
REAL RIGHT
those joined to or included in the principal for the latter’s better use,
perfection or enjoyment.
ACCESSORIES
additions to improvements upon a thing (Examples: whatever is built, planted
or sown on a parcel of land).
ACCESSIONS
Voluntary execution of a wrongful act or willful omission, knowing and
intending the effects which naturally and necessarily arise from such act or omission
Fraud / Dolo
event which could not be foreseen, or which though foreseen, were
inevitable
Fortuitous Event
Characteristics of a fortuitous Event
- The cause of the breach of the obligation must be independent of the will of the debtor
- The event must be either unforeseeable or unavoidable
- The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner
- The debtor must be free from any participation in, or aggravation of injury to the creditor
General Rule for Fortuitous Events
No person shall be liable for fortuitous events; i.e., his
obligation will be extinguished
Exceptions to the General Rule for “Fortuitous Event”
a) when expressly declared by law ( bad faith, subject matter is generic, debtor is in
delay )
b) when expressly declared by stipulation or contract
c) when the nature of the obligation requires assumption of risk (eg. obligation of an
insurer)
Usury
Contracting for or receiving something in excess of the amount allowed by the law for the loan or use of money, goods, chattels
a preson receives anything when they have no right to demand it or it was given to them by mistake, then they have the obligation to return it.
Solution indebiti (payment by mistake)
takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s
authority;
Negotiorium gestio (unauthorized management)
What civil liability arising from a crime
a. restitution
b. reparation of damage caused
c. indemnity for consequential damages
the omission of that diligence which is required by the circumstances
of person, place and time
Negligence
