Obligations Flashcards
Juridical Necessity to give, to do or not to do
Obligation
Essential Elements of Obligation
(PAVO)
- Active Subject (Creditor/Obligee)
- Passive Subject (Debtor/Obligor)
- Object or Prestation - Subject matter
- Vinculum Juris/Efficient Cause/Juridical Tie
All rights acquired in virtue of an obligation are transmissible, except:
A. When the nature is not transmissible, strictly personal in nature
B. By Stipulation
C. By provision of LAW
Sources of Obligations
- Law
- Contracts
- Quasi Contracts
-Negotiorum Gestion
-Solutio Indebiti - Delict - act or omission punishable by law, govened by Revised Penal Code, other penal laws
- Quasi Delict-act or omission causes damage to another thru fault or negligence
Criminal Liability-Proof_______
Civil Liability- __________
Criminal Liability - Proof beyond reasonable doubt
Civil Liability - Preponderance of evidence
Kinds of Fruits
- Natural - products of the soil, and the young and other products of animals
- Industrial - Produced by lands
- Civil - rents of buildings, etc.
Specific Circumstances Affecting Obligations In General:
- Fraud - DOLO - Dolo causante, Dolo incidente
- Negligence - Culpa
- Delay - Mora
- Any other Manner of Contravention (Violatio)
- Fortuitous Event
Kinds of fraud and explain
- Dolo Causante (casual fraud) - the party would not have entered into the contract were not for the fraud
- Dolo incidente (incidental fraud) - the deliberate and intentional evasion of the normal fulfillment of the obligation
Kinds of Negligence as to Source:
- Culpa Contractual -
Culpa
Culpa Contractual
Culpa Acquiliana
Culpa Criminal
Culpa - Negligence
Culpa Contractual - Contractual Negligence
Culpa Acquiliana - Civil Negligence or Quasi Delict
Culpa Criminal - Criminal Negligence - results in the comission of a crime or delict
Kinds of Delay
- Mora Solvendi - Delay on the part of DEBTOR
- Mora ACCipiendi - Delay on the part of CREDITOR
- Compensation Morae - delay on the part of both parties
Happening of which gives rise to the obligation (condition precedent)
Suspensive
Happening of which EXTIGUISHES the rights already existing (Condition Subsequent)
Resolutory
A condition dependent solely on the will of the one of the parties
Potestative Condition
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment
True. Under Art. 1186, Civil Code
Please Review Kinds of CIVIL OBLIGATIONS on RFBT reviewer page 25
Okay
Meron ding Conditions but treated as one with PERIOD:
when the debtor binds himself to pay when his means permit to do so, the obligation shall be deemed to be one with a____
Suspensive with deadline: I will give you my land id you marry X by the December 31,2022
Period
Obligations with a period/term:
Kinds of term:
Obligations with a period/term - A period is a certain length of which determines the effectivity or the extinguishment of the obligation
Kinds of term:
1. Definite - specific date
2. Indefinite - certain event which is certain to happen
3. Legal - imposed or provided law
4. Voluntary - agreed upon by the parties
5. Judicial - those fixed by courts
Civil Obligations as to Plurality of Prestation
3
Conjunctive
Alternative - usually use the word ‘OR’
Facultative - only one prestation but debtor may render substitution
Please review RFBT page 33-34
If silent, joint obligation-debtors, joint creditors
True
Real obligation is obligation to____
Give
Personal Obligation is obligation _______
To do or not to do
Positive obligation, is obligation to _____
While negative obligation is obligation _____
Give or to do
Not to give or not to do
6 Modes of Extinguishment of Obligations
- Payment or Performance
- Loss of thing due - fortuitous event; impossibility of performance
- Condonation or remission
- Confusion or merger of the rights of creditor and debtor
- Compensation
- Novation
Condonation/Remission is the same. the creditor renounces the obligation. Obligation is extinguished
True
But, just remember the case of Donation! For the donation to be valid, there should be an ACCEPTANCE!, otherwise, no donation.
The renunciation (condonation/remission) of the principal debt shall extinguish the accessory and principal obligation
How about the renunciation of accessory?
No. The principal is not extinguished, because the accessory obligations follow the principal obligation but not the other way around
Novation:
-Subrogation?
-Substitution?
Delegante
Delegado
Delegatorio
Novation:
-Subrogation - Active Novation - Change of creditor
-Substitution - Passive Novation - Change of debtor
Delegante - Old debtor
Delegado - new debtor (sya na kasi nalalagay sa delikado haha)
Delegatorio - creditor
In any case, the creditor’s consent is necessary for novation
Yes. Esp passive novaiton
Stipulation that benefits 3rd party
Pour Atrui
In Novation, the original obligation should be VALID!, otherwise, VOID
Yes
