Obligations Flashcards
Delivery by giving of the keys of the place or depository where the movable is stored or kept
Traditio clavium
Definition of Obligation:
Art. 1156 of the Civil Code
A jurdical necessity to give, to do or not to do.
Requisites of an Obligation
-Active Subject
-Passive Subject
-Object or Prestation
-Efficient cause / juridical tie / vinculum
Active subject or also known as…
Obligee or Creditor
Passive subject or also known as…
Obligor or Debtor
Requisites of an object or prestation:
- Must be possible, physically or juridically
- Must be determinable according to pre-established elements or criteria
- Must have possible equivalent in money
Types of Obligation:
Positive, Real, Personal, and Negative Obligations
Types of Obligation:
Positive, Real, Personal, and Negative Obligations
Refers to an obligation, which consists of giving or doing something.
Positive Obligation
Is an obligation that consists of the delivery or giving of personal or real objects.
Real Obligation
Is an obligation that consists of doing a particular prestation, but not delivery of an object.
Personal Obligation
Is an obligation which consists of abstaining from some act.
Negative Obligation
…derive their binding force from positive law or substantive law.
Civil Obligation
…can be enforced by court action or the coercive power of public authority.
Civil Obligation
They derive their binding effect from equity and natural justice.
Natural Obligations
Fulfillment of the obligation cannot be compelled by court action but depends exclusively upon the good conscience of the debtor.
Natural Obligation
Sources of Civil Obligation demandable in a court of law:
Law, Contract, Quasi-Contract, Quasi-delict, Crime(Delict)
Principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.
Law
Is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or render some service.
Contract
Is a juridical relation that arises from certain lawful, voluntary, and unilateral acts, to the end that no one may be unjustly enriched or benefited at the expense of another.
Quasi-Contract
Refers to the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Negotiorum Gestio
Refers to the juridical relation that is created when something is received when there is no right to demand it and it was unduly delivered through mistake.
Solutio Indebiti
Refers to a source of an obligation wherein a person by act or omission causes damage to another, there being fault or negligence.
Quasi-delicts / Culpa Aquiliana / Torts
Refers to any act or omission that is punishable by law.
Crime / Delict
Kinds of Thing or Object:
-Generic or Indeterminate thing
-Determinate or Specific thing
Diligence required by law.
Contract of common carrier and Contract of bank deposits. (Extraordinary Diligence)
Diligence stipulated in the contract.
The stipulation must be valid. Waiver of future fraud or future gross negligence is null and void.
Degree of diligence to be exercised:
Ordinary diligence, or diligence of a good father of a family or diligence of a reasonably prudent person.
Kinds of fruits under the Civil Code:
Natural, Industrial, and Civil fruits.
Refer to those which destined for the embellishment, use, or their preservation of another thing or more importance, have their object the completion of the latter for which they are indispensable or convenient.
Accessories
Include everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially.
Accessions
Is the power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised.
Real Right
Is the power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to or not to do.
Personl Right
General Remedies available to creditor when the debtor fails to comply with his obligation:
Action for:
- Specific performance with damages
- Rescind the obligation with damages
- Damages
Remedies of the creditor in the case the debtor fails to comply with his obligation to deliver a determinate or specific thing:
Action for:
- Specific performance in addition to damages under Article 1170
- Damages if action for specific perfomance becomes legallly impossible
Remedies of the creditor in the case the debtor fails to comply with his obligation to deliver an indeterminate or generic thing:
- Action for specific perfomance with damages
- He may ask the obligation to be complied with by a third person at the expense of the debtor with damages
Remedy of the creditor if the debtor fails to dothe prestation in obligation to do:
The creditor or third person may do it in a proper manner at the expense of the debtor.
In an obligation to do whereby only the debtor can do the thing, remedy of the creditor if the debtor fails to do the prestation:
Action for indemnification for damages
In an obligation to do, remedy of the creditor in case the debtor did it in contravention of the tenor of the obligation or did it poorly:
The creditor or third person may do it in a proper manner, or it may be decreed that what had been poorly done be undone at the expense of the debtor.
In an obligation consisting in not doing, remedy of the creditor in case the debtor does what has been forbidden him:
- It shall be undone at the expense of debtor with indemnification for damages.
Refers to the non-fulfillment of the obligation with respect to time.
Default (Mora)
Requisites in order that the debtor may be in default or for debtor’s delay or mora to exist:
- Obligation must be demandable and already liquidated
- Debtor delays performance of the obligation
- Creditor demands the performance either judicially or extrajudicially
Requisites in order that the debtor may be in default or for debtor’s delay or mora to exist:
- Obligation must be demandable and already liquidated
- Debtor delays performance of the obligation
- Creditor demands the performance either judicially or extrajudicially
Moment of delay in reciprocal obligation
From the moment one of the parties fulfills his obligation.
Types of Delay ( Default / Mora )
- Mora Solvendi (Debtor’s Delay)
- Mora Accipiendi (Creditor’s Delay)
- Compensatio Morae (Delay of both parties)
Grounds for damages
- Fraud (Dolo)
- Negligence (Fault/Culpa)
- Delay (Default/Mora)
- Contravention of the tenor of obligation
Refers to the deliberate and intentional evasion of the normal fulfillment of obligation.
Fraud / Dolo
Is the failure to observe for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such person suffers injury.
Negligence / Fault / Culpa
Refers to the non-fulfilment of the obligation with respect to time.
Delay / Default / Mora
Refers to illicit act which impairs the strict and faithful fulfilment of the obligation or every kind of defective performance.
Contravention of the tenor of obligation
Types of civil damages that may be awarded by Court:
- Mutually exclusive damages
- Additional damages
