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RFBT > OBLIGATION > Flashcards

OBLIGATION Flashcards

1
Q

Obligation

A

a juridical necessity to give, to do or not to do

“Obligatio” - tying or binding
Juridical necessity - legal burden to perform the obligation

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2
Q

Kinds of Obligation as to Enforceability

A

-Civil obligation - has the right to enforce the performance

-Natural obligation - do not grant a right of action to enforce the performance

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3
Q

Elements of Obligation

A
  1. Creditor/Obligee/Active subject (COA) - the one who can demand the performance
  2. Obligor/Passive/Debtor (OPD) - required or bound to perform the obligation
  3. Object or Prestation - subject matter of the obligation whether to give, to do or not to do
  4. Vinculum Juris/ Efficient Cause/ Juridical Tie - efficient cause that binds the parties to the obligation which is the 5 sources
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4
Q

Sources of Obligation

A
  1. Law (obligations ex lege) - imposed by the law itself - pinakamataas sa lahat
  2. Contracts (obligations ex contractu) -meeting of minds between 2 persons where on binds himself to give something to the other

Elements of Contract (COC) - consent, object, cause

  1. Quasi-contracts - lawful, voluntary, and unilateral act as it gives rise to their relation and in the end no one shall be enriched or benefited at the expense of another

*Negotiorum gestio - voluntary management of the property or affairs of another without the knowledge or consent of the latter
Requisites:
- Neglected or abandoned property
- Authorized by the owner

Multiple Officious Managers - generally liable solidarily unless the officious management was done under imminent danger which makes the obligation merely joint

*Solutio indebiti - relation which is created when something is received when there is no right to demand it and it was delivered through mistakes
Requisites:
- There is no right to receive the thing delivered
- Thing was delivered through mistake

Multiple Payees - liable solidarily for the return of the payment received by mistake

  1. Delict/ Crime (Obligations ex maleficio or ex delicto) - act or omission punishable by law

Civil Liability
- Restitution - restoration of the thing
- Reparation - paying the price of the thing and its value
- Indemnification - consequential damage suffered because of the crime

Proof
- Criminal liability - proof beyond reasonable doubt
- Civil liability - preponderance of evidence

Employers subsidiary liability - employer shall be subsidiary liable for crimes committed by their employees

Exempt from Criminal Liab
- insane person
- person under 18 yrs old
- person who acts under compulsion of irresistible force
- person who acts under uncontrollable fear or greater injury

Exempt from both Civil and Criminal Liab
- any person who acts in self-defense
- person who acts in the performance of his duties or obligation
- woman suffering from battered woman syndrome

  1. Quasi delict/ Culpa Aquiliana/ Torts (obligation ex quasi-delicto or quasi-maleficio) - damaged cause to another through an act or omission being fault or negligence but no contract between them

Vicarious liability:
*minor children - responsible is father, if none mother
*minors and incapacitated persons - guardians
*employees - employers
*pupils or students - teaches or head
Defense - when they prove they observed diligence of a good father of a family to prevent damage

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5
Q

Obligations to give a determinate thing

A
  1. to take care of it with proper diligence of a good father of a family unless there is a stipulation that requires another standard of care
  2. to deliver the fruits of the thing from the time the obligation to deliver it arises. However, the creditor will not acquired real rights over the fruit until it is delivered to him
  3. To deliver all accessions and accessories even thought they may not have been mentioned
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6
Q

Personal right

A

can be exercise against only a specific person

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7
Q

Real right

A

right that can be exercise against the whole world

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8
Q

Accessions

A

produced by a thing, or which is attached thereto either natural or artificial

Natural fruit - products of soil and animals
Industrial fruit - it needs cultivation or labor
Civil fruit - it arises from juridical relation or contract such as rent or leases

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9
Q

Accessories

A

things join to the principal thing for its Better use, Embellishment, Completion

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10
Q

Specific or Determinate thing

A

particularly designated or unique/identical

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11
Q

Generic or Indeterminate thing

A

class or genus and is not identical to any other

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12
Q

Limited Generic

A

Marami pero may hangganan

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13
Q

Remedies for Breach of Obligation

A

TO GIVE
1. Determinate thing - specific performance if it is possible. Substitute performance is not possible
2. Generic thing
- specific performance
- substitute performance and can be done by third person

TO DO - if a person obliged to do something fails to do it, the same shall be executed at his cost

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14
Q

Kinds of Damages (MENTAL)

A
  1. Mental - physical suffering, mental anguish, fright, anxiety, humiliation
  2. Exemplary - corrective damage are impose by way of example
  3. Nominal - right of a person has been violated or invaded and thus damages can recognized
  4. Temperate - more than nominal but less than compensatory damages and can be recovered when the court finds that some pecuniary loss has been suffered
  5. Actual - pecuniary losses suffered and duly approved by the plaintiff
  6. Liquidated - damages agreed upon by the partners
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15
Q

Fraud (Dolo)

A
  • responsibility arising from fraud is demandable in all obligations. Any waiver of action for future is void

Kinds
1. Causal fraud (dolo causante) - fraud in obtaining consent, is applicable only to obligations where consent is necessary.
2. Incidental fraud (dolo incidente) - intentional evasion of the normal fulfillment of the obligation

Waiver
1. Future fraud - it is void
2. Past fraud - it may be considered valid

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16
Q

Negligence (culpa)

A

omission of that diligence being required by the obligation

Degree of care required:
1. As a rule
*Required by law - contract of common carrier (extraordinary diligence is required)
*Agreed upon by the parties
2. Diligence of a good father of a family

Kinds
1. Culpa contractual/ Contractual negligence - negligence in the performance of a contractual obligation
2. Culpa aquiliana/ Civil negligence - quasi delict
3. Culpa criminal/ Criminal negligence - results in omission of crime or delict

NOTE
- if his negligence was the immediate cause of the injury, there is no recovery for damages
- if his negligence was only contributory - he may still recover damages but the court can mitigate or reduce it

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17
Q

Delay/Mora/Default

A
  1. Mora solvendi - delay on the part of debtor
  2. Mora accipiendi - delay on the part of the creditor
  3. Compensatio morae - delay on both parties

General rule: Demand (juridical/extra juridical) is necessary before one incurs delay
Exceptions
- when law declares
- when stipulated
- time is the essence - obligation has its relation to the event or occasion
- demand is useless - because of bad faith/negligence/ fraud
- when there is performance by a party in a reciprocal obligations

NO DELAY- obligation not to do

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18
Q

Breach

A
  • in any manner contravene the nature thereof
  • violation of the terms and conditions of obligation

Exception: an act against my will is not an act

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19
Q

Fortuitous event

A

extraordinary events not foreseeable or avoidable

General rule: no liability in case of fortuitous event

Exception
1. declared by stipulation
2. when the nature of the obligation requires the assumption of risk
3. when declared by law:
- when the debtor has incurred in delay or is guild of fraud negligence or contravention of the tenor of the obligation
- when the debtor has promised to deliver the same thing to 2 or more different persons who do not have the same interest
- when the thing to be delivered is generic (genus never perishes)
- when the obligation to deliver a specific thing arises from crime
- when the bailee is commodatum allowed a third person to use the thing borrowed

20
Q

Real obligation (to give)

A

subject matter is a thing and obligor must deliver it to obligee

21
Q

All rights acquired by virtue of an obligation are transmissible except

A
  1. when the law prohibits the transfer of rights
  2. when the stipulation of the parties prohibit the transfer of rights
22
Q

Creditor has the following remedies to satisfy his claims against the debtor

A
  1. exact fulfillment/ specific performance - kapag sinabing exact means demand
  2. pursue the leviable properties of the debtor
    *leviable means subject to auction or sale
  3. accion subrogatoria - exercise his rights and actions of the debtor except those which are inherent in his person
  4. accion pauliana -rescind contract entered into by the debtor to defraud the creditor
23
Q

Pure obligation

A

performance of obligation does not depend upon a future or past event, and is demandable at once

Rule: Demandable at once
1. when it is pure
2. when it is subject to resolutory condition
3. when it is subject to resolutory period

24
Q

Conditional obligation

A

an obligation which is subject to the fulfillment of a condition

Characteristics
- future and uncertain
- past but unknown
- must not be impossible

25
Q

Condition vs Period

A

Condition
- uncertain event
- refers to the future or unknown past

Period
- certain event
- refers to the future

26
Q

Suspensive VS Resolutory

A

NOTE: relate to COA to understand more

Suspensive (Condition precedent or Condition antecedent) - event that will give rise to an obligation
*Extinguish means hindi pa naguumpisa

Resolutory (condition subsequent) -event that will extinguish an obligation
- Extinguish means tapos na

27
Q

Positive VS Negative

A

Positive - act supposed to be performed (to do)

Negative - omission of performance (not to do)

28
Q

Potestative VS Casual VS Mixed

A

Potestative - condition depends upon the will of one of the contracting parties

Casual
- conjunction of “OR” - at least one will happen
- condition depends upon the will of the third person

Mixed - conjunction of “AND” - where all event must happen

29
Q

Constructive or Presumed Fulfillment

A

the condition shall be deemed fulfilled when the obligor voluntarily prevent its fulfillment

30
Q

Possible VS Impossible

A

Possible - capable of fulfillment
- legally
- physically

Impossible - if the condition is not capable of fulfillment
- legally
- physically

Effect
- impossible condition imposed in an obligation are treated as void
- in obligation not to do or condition is negative, the impossible condition can just be disregarded, and the obligation remains

31
Q

What is the effect of fulfillment of conditions?

A

General rule: Once the condition has been fulfilled, it shall retroact to the day of the constitution of the obligation

Except:
1. Fruits or interest
* Reciprocal obligations - the fruits are mutually compensated
* Unilateral obligations - the debtor as a rule, is entitled to the fruits unless contrary intention appears

  1. Period of prescription - counted still from the time the condition was fulfilled
32
Q

Condition where obligation is treated as one with a period

A

when the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period

33
Q

Suspensive condition with a deadline

A

the condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place

34
Q

Loss

A
  • without fault of the debtor - obligation is extinguished
  • with the fault of the debtor - liable for damages

Considered loss when:
- perishes
- goes out of commerce
- disappears in such way that its existence is unknown, or it cannot be recovered
- is

35
Q

Deterioration

A

*without the fault debtor - impairment is borne by the creditor

*with fault of debtor - it can either be:
-exact fulfillment and ask for damages
-ask for rescission and damages

36
Q

Improvement

A

*nature of time - improvement will inure to the benefit of the creditor

*at the expense of the debtor - the debtor shall have no other right than that granted to a usufructuary

37
Q

Kinds of Period Term

A
  1. Definite - specific date
  2. Indefinite - event which is certain to happen eg. death
  3. Legal - imposed or provided by law
  4. Voluntary - agreed upon by the parties
  5. Judicial - fixed by court
  6. Ex die - a period with suspensive effect
  7. In diem - a period with resolutory effect
38
Q

Benefit of the Period

A

GR: whenever in obligation, period is designated, it is presumed to have been established for the benefit of both the creditor and debtor

  • debtor can advance the payment of such obligation
  • creditor cannot demand before the tenor of the obligation
39
Q

Debtors loss of benefit of the period (IGIVA)

A
  1. He becomes INSOLVENT
  2. When he promise the GUARANTEES or securities but failed to do it.
  3. When by his own he has IMPAIRED said guaranties or securities after their
    establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory
  4. When the debtor VIOLATES any undertaking, of which the creditor agreed to the period
  5. Debtor attempts to ABSCOND - intent is the material
40
Q

Pendency of the suspensive condition

A

debtor has paid by mistake a sum of money, the debtor can recover the sum of money, but the interest can be recovered only if the creditor acted in bad faith

41
Q

Pendency of the suspensive period

A

debtor has paid by mistake a sum of money, the debtor can recover not only the sum of money but also additional interest even fruits whether the creditor acted in good faith or bad faith

42
Q

Pendency of the suspensive condition or suspensive period

A

debtor has delivered a determinate or specific thing by mistake, the debtor may file
1. Accion reinvidicatoria - if the thing is still if the creditor
2. Action for indemnification for damages - if the thing is no longer with the creditor

43
Q

Solidary Obligation is?

A

in which each debtor is liable for the entire obligation or each creditor is entitled to demand the whole obligation

General rule: Obligation is presumed to be joint if there is concurrence of two or more debtors and/or tow or more creditors in the same obligations

There is solidarity only when:
1. Stipulated - kapag latin matik na solidary

  1. When the law requires
    - when two or more heirs take possession of the estate, they are solidarily liable for the loss or destruction
    - when the agent has exceeded his authority, the principal is solidarily liable with the agent
    - when there are two or more bailees to whom a thing is loaned in the same contract
    - two or more payees, when there has been payment of what is not due
    - two or more persons who are liable for quasi-delict
  2. When the nature of the obligation requires it
44
Q

Kinds of Solidarity

A
  1. Active-creditors
  2. Passive-debtors
  3. Mixed-creditors and debtors
45
Q

Enforcement of Solidary Obligations

A
  1. Insolvency on one of the debtors will obligate the others to shoulder his share in proportion to their respective obligations
  2. A solidary debtor paying the entire obligation shall be entitled to reimbursement plus interest as follows
    - if paid at or after maturity date, interest shall run from the date of payment until reimbursement is made
    - if paid before maturity, interest shall run from the date of maturity until reimbursement is made
  3. Remission or condonation of the share of one of the creditors will not affect his liability as solidary debtor
  4. Remission of the entire obligation in favor on one of the creditors shall NOT give rise to demand reimbursement from the other debtors
  5. Remission that will take place after payment was made by one of the debtors will not bar the debtor who made the payment from demanding reimbursement
  6. Payment made by one of the debtors after the prescription of the obligation shall NOT give rise to the right to demand reimbursement
  7. Kapag minor di kasama sa hatian. Sa parent or guardian kukunin yung pambayad
46
Q

Joint Obligation

A

each of the debtors is liable only for a proportionate part of the debt or each creditor is entitled only to a proportionate part of the credit

*debtors x creditors

Rules:
1. Insolvency of one debtor does not make the others liable for his share
2. Vitiated consent on the part of one debtor does not consent of the others

  • if any in the party is minor, it does not affect the liabilities of them

RFBT (1 decks)

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