OBLIGATIONS Flashcards
1
Q
WHAT IS AN OBLIGATON
A
ART 1156 A JURIDICAL NECESSITY TO GIVE, TO DO OR NOT TO DO
2
Q
REQUSITES OF AN OBLIGATION
A
- ACTIVE SUBJECT (CREDITOR)
- PASSIVE SUBJECT (DEBTOR)
- PRESTATION (OBJECT OR SUBJECT MATTER)
- EFFIECENT CAUSE (VINCULUM OR LEGAL OR JURIDICAL TIE WHICH BINDS THE PARTIES TO AN OBLIGATION.
3
Q
FIVE SOURCES OF AN OBLIGATION
A
- LAW
- CONTRACT
- QUASI-CONTRACT
- DELICT
5 QUASI-DELICTS
4
Q
LAW AS SOURCE OF AN OBLIGATION
A
A RULE OF CONDUCT, JUST AND OBLIGATORY, LAID DOWN BY LEGITIMATE AUTHORITY FOR COMMON OBSERVANCE AND BENEFIT.
5
Q
WHAT IS CONTRACT
A
ART. 1305 A CONTRACT IS A MEETING OF MINDS BETWEEN TWO PERSONS WHEREBY ONE BINDS HIMSELF WITH RESPECT TO THE OTHERM TO GIVE SOMETHING OR TO RENDER SOME SERVICE.
6
Q
WHAT IS A QUASI-CONTRACT
A
ART. 2142 THEY REFER TO CERTAIN LAWFUL, VOLUNTARY AND UNILATERAL ACTS GIVING RISE TO A JURIDICAL RELATION TO THE END THAT NO ONE SHALL BE UNJUSTLY ENRICHED AT THE EXPENSE OF ANOTHER.
7
Q
WHAT IS A DELICT
A
ART. 100, REVISED PENAL CODE - ACTS OR OMISSIONS PUNISHABLE BY LAW. THERE ARE CRIMES OR FELONIES. THE COMMISSION OF A CRIME MAKES THE OFFENDER CIVILLY LIABLE.
8
Q
WHAT IS QUASI-DELICT
A
ART 2176 ALSO KNOWN AS “TORT” OR “CULPA AQUILIANA”, THESE ARE ACTS OR OMISSIONS THAT CAUSE DAMAGE TO ANOTHER THERE BEING FAULT OR NELIGENCE BUT WITHOUT ANY PRE-EXISTING CONTRACTUAL RELATION BETWEEN THE PARTIES
9
Q
2 EXAMPLES OF QUASI CONTRACT
A
NEGOTIORUM GESTIO AND SOLUTIO INDEBITI
10
Q
WHAT IS SOLUTIO INDEBITI
A
THIS REFERS TO PAYMENT BY MISTAKE OF AN OBLIGATION WHICH IS NOT DUE WHEN PAID.W
11
Q
WHAT IS NEGOTIORUM GESTIO
A
THIS REFERS TO VOLUNARY ADMINISTRATION OF THE PROPERTY, BUSINESS OF AFFAIRS OF ANOTHER WITHOUT HIS CONSENT OR AUTHORITY. IT CREATES THE OBLATION TO REIMBURSE THE GESTOR FOR NECESSARY AND USEFUL EXPENSES.
12
Q
OBLIGATIONS OF ONE OBLIGED TO DELIVER A DETERMINATE THING
A
- TO TAKE GOOD CARE OF THE THING WITH THE DILIGNCE FO A GOOD FATHER OF A FAMILY UNLESS THE OR AGREEMENT OF THE PARTIES REQUIRES ANOTHER STANDARD OF CARE.
- TO DELIVER THE THING.
- TO DELIVER THE FRUITS OF THE THING.
- TO DELIVER THE ITS ACCESSIONS AND ACCESSORIES EVEN IF THEY HAVE NOT BEEN MENTIONED.
13
Q
WHAT DO YOU MEAN BY DILIGENCE OF A GOOD FATHER OF A FAMILY
A
IT MEANS THE ORDINARY CARE THAT AN AVERAGE PERSON EXERCISES IN TAKING CARE OF HIS PROPERTY.
14
Q
KINDS OF FRUITS OF THE THING
A
- NATURAL FRUITS
- INDUSTRIAL FRUIS
- CIVIL FRUITS
15
Q
WHEN THE CREDITOR HAS A RIGHT TO THE FRUITS OF THE THING
A
WHEN THE OBLIGATION TO DELIVER ARISES. HOWEVER, NO REAL RIGHT IS ACQUIRED OVER THE THING UNTIL IT IS DELIVERED
16
Q
WHEN IS THE THING DELIVERED
A
PLACING THE THING IN THE POSSESSION OR CONTROL OF THE CREDITOR EITHER ACTUALLY OR CONSTRUCTIVELY.
17
Q
REMEDIES IF THE DEBTOR FAILS TO PERFORM HIS OBLIGATION TO DELIVER A DETERMINATE THING
A
TO COMPEL THE DEBTOR TO MAKE DELIVERY AND MAY ALSO DEMAND DAMAGES
18
Q
REMEDIES IF THE DEBTOR FAILS TO PERFORM HIS OBLIGATION TO DELIVER A GENERIC THING
A
TO ASK THAT THE OBLIGATION BE COMPLIED WITH AT THE EXPENSE OF THE DEBTOR AND MAY ALSO DEMAND DAMAGES
19
Q
REMEDIES IF THE DEBTOR FAILS TO PERFORM HIS OBLIGATION OR PERFORMS IT BUT CONTRAVENES THE TENOR THEREOF
A
CREDITOR MAY HAVE THE OBLIGATION COMPLIED WITH AT THE EXPENSE OF THE DEBTOR AND MAY ALSO DEMAND DAMAGES.
20
Q
REMEDIES IF THE DEBTOR PERFORMS THE OBLIGATION BUT DOES IT POORLY
A
CREDITOR MAY HAVE THE SAME BE UNDONE AT THE EXPENSE OF THE DEBOR AND MAY ALSO DEMAND DAMAGES
21
Q
REMEDIES IF THE DEBTOR DOES WHAT HAS BEEN FORBIDDEN HIM
A
CREDITOR MAY DEMAND WHAT HAS BEEN DONE BE UNDONE AND MAY ALSO DEMAND DAMAGES
22
Q
GROUNDS FOR LIABILITY TO PAY DAMAGES
A
- FRAUD OR DOLO
- DELAY OR MORA
- NEGLIGENCE OR CULPA
- CONTRAVENTION OF THE TENOR OF OBLIAGTION
23
Q
WHAT IS DAMAGES
A
DAMAGES REFER TO THE HARM DONE AND THE SUM OF MONEY THAT MAY BE RECOVERED IN THE REPARATION OF THE HARM DONE.
24
Q
KINDS OF DAMAGES
A
- MORAL
- EXEMPLARY OR CORRECTIVE DAMAGES
- NOMINAL
4.TEMPERATE OR MOERATE DAMAGES - ACTUAL
- LIQUIDATED
25
WHAT IS FRAUD
IT IS THE DELIBERATE OR INTENTIONAL EVASION OF THE DEBTOR OF THE NORMAL COMPLIANCE OF HIS OBLIGATION
26
KINDS OF FRAUD IN OBTAINING CONSENT
CAUSAL FRAUD AND INCIDENTAL FRAUD
27
NEGLIGENCE
ART. 1173 IT IS THE OMISSION OF THAT DILIGENCE WHICH IS REQUIRED BY THE NATURE OF THE OBLIGATION AND CORRESPONDS WITH THE CIRCUMSTANCES OF THE PERSON, OF THE TIME, AND OF THE PLACE.
28
KINDS OF NEGLIGENCE
1. CULPA CONTRACTUAL
2. CULPA ACQUILIANA
3. CULPA CRIMINAL
29
DEFINE CULPA CONTRACTUAL
THIS IS NEGLIGENCE IN THE PERFRORMANC OF A CONTRACT.
30
DEFINE CUPA AQUILIANA
THESE ARE ACTS OR OMISSIONS THAT CAUSE DAMAGE TO ANOTHER, THERE BEING NO CONTRACTUAL RELATION BETWEEN THE PATIES
31
DEFINE CULPA CRIMINAL
THIS IS NEGLIGENCE THAT RESULTS IN THE COMMISSION OF A CRIME
32
DEFINE DELAY OR MORA
NO-FULFILLMENT OF AN OBLIGATION WITH RESPECT OF TIME
33
KINDS OF DELAY
1. MORA SOLVENDI
2. MORA ACCIPIENDI
3. COMPENSATIO MORAE
34
MORA SOLVENDI
DELAY ON THE PART OF THE DEBTOR
A. EX RE - DELAY ON REAL OBLIGATIONS
B. EX PERSONA - DELAY ON PERSONAL OBLGATIONS
35
REQUISITES OF DELYAY
1. THE OBLIGATION IS DEMANDABLE AND ALREADY LIQUIDATED.
2. DEBTOR DOES NOT PERFORM THE OBLIGATION
3. THE CREDITOR DEMANDS PERFORMANCE EITHER JUDICIALLY AND EXTRAJUDICIALLY
4. DEBTOR FAILS TO COMPLY SUCH DEMAND
36
CASES WHERE DELAY WILL STILL EXIST EVEN WITHOUT DEMAND
1. WHEN THE LAW SO PROVIDES
2. WHEN THE OBLIGATION EXPRESSLY SO DECLARES
3. WHEN TIME IS OF THE ESSENCE
4. WHEN DEMAND WOULD BE USELESS
5. IN RECIPROCAL OBLIGATIONS
37
DEFINE FORTUITOUS EVENTS
ART.1174 ARE THOSE EVENTS THAT COULD NOT BE FORSEEN, OR WHICH, THOUGH FORESEEN, ARE INEVITABLE.
38
ELEMENTS OF FORTUITOUS EVENTS THAT WILL EXTINGUISH THE OBLIGATION
1. THE CAUSE MUST BE INDEPENDENT OF THE DEBTOR'S WILL
2. THERE MUST BE IMPOSSIBILITY OF FORESEEING THE EVENT OR OF AVOIDING IT EVEN IF IT CAN BE FORESEEN.
3. THE OCCURENEC OF THE EVENTS MUST BE OF SUCH CHARACTR AS TO RENDER IT IMPOSSIBLE FOR THE DEBTOR TO PEFROM HIS OBLIGATION.
39
GR: NO PERSON SHALL BE LIABLE FOR FORTUITOUS EVENTS; HIS OBLIATION WIL BE EXTINGUISHED. EXCEPTIONS:
1. WHEN THE LAW EXPRESSLY PROVIDES FOR LIABILITY EVEN IN CASE O FORTUITOUS EVENTS.
2. WHEN THE PARTIES HAVE DECLARED LIABILITY EVEN IN CASE OF FORTUITOUS EVENTS.
3. WHEN THE NATUE OF THE OBLIGATION REQUIRES THE ASSUMPTION RISK.
40
REMEDIES OF THE CREDITOR TO ENFORCE PAYMENT OF HIS CLAIMS (ART.1177)
1. PURSUE THE POPERTY IN THE POSSESSION OF THE DEBTOR, EXCEPT THOSE EXEMT BY LAW.
2. EXERCISE ALL RIGHTS AND BRING ALL ACTIONS OF THE DEBTOR EXCEPT THOSE PERSONAL TO HIM (ACCION SUBROGATORIA)
3. IMPUGN ALL ACTS WHICH THE DEBTOR MAY HAVE DONE TO DEFRAUD HIS CREDITORS (ACCION PAULIANA) (THIS REMEDY MUST BE OF LAST RESORT; THE CREDITROR MUST HAVE TAKEN SUCCESSIVELY THE FOREGOING MEASURES BEFORE HE CAN BRING THIS ACTION.
41
GR: ALL RIGHTS ACQUIED IN VIRTUE OF AN OBLIGATION ARE TRANSMISSIBLE. EXCEPTIONS ARE:
1. WHEN THE LAW PROHIBITS THE TRANSMISSION OF RIGHTS
2. WHEN THE PARTIES AGREED AGAINST TRANSMISSION
3. IF THE RIGHT IS BY NATURE NOT TRANSMISSIBLE
42
DIFFERENT KINDS OF OBLIGATION
1. PURE OBLIGATION
2. CONDITIONAL OBLIGATION
3. OBLIAGTION WITH A PERIOD
4. FACULTATIVE OBLIGATION
5. ALTERNATIVE OBLIGATION
6. JOINT OBLIGATION
7. SOLIDARY OBLIGATION
8. DIVISIBLE OBLIGATION
9. INDIVISILE OBLIGATION
10. OBLIGATION WITH A PENAL CLAUSE
43
WHAT IS PURE OBLIGATION
OBLIGATION WITHOUT A TERM AND DEMANDABLE AT ONCE
44
WHAT IS CONDITINAL OBLIGATION
IS AN OBLIGATION WHOSE DEMANDABILITY OR EXTUINGSHMENT DEPENDS UPON THE HAPPENING OF A CONDITION
45
CLASSIFICATION OF CONDITIONAL OBLIGATION
1. SUSPENSIVE AND RESOLUTORY
2. POTESTATIVE, CASUAL, AND MIXED
3. POSSIBLE AND IMPOSSILE
4. POSITIVE AND NEGATIVE
5. DIVISBLE AND INDIVISIBLE
46
SUSPENSIVE CONDITION
THIS IS A CONDITION THE HAPPENING OF WHICH WILL GIVE RISE TO THE OBLIGATION.R
47
RESOLUTORY CONDITION
THIS IS A CONDITION THE HAPPENING OF WHICH EXTINGUISHES THE OBLIGATION. DEMANDABLE AT ONCE BUT IT SHALL BE EXTINGUISHED UPON THE HAPPENING OF THE CONDITION
48
POTESTATIVE CONDITION
DEPENDS UPON THE WILL OF ONE OF THE CONTRACTING PARTIES. (IF UPON THE WILL OF THE DEBTOR AND SUSPENSIVE - OBLIGATIO IS VOID)
49
CASUAL CONDITION
A CONDITION THAT DEPENDS UPON CHANCE OR UPON THE WILL OF A THIRD PERSON
50
MIXED CONDITION
A CONDITION THAT DEPENDS PARTLY UPON THE WILL OF ONE OF THE CONTRACTING PARTIES AND UPON CHANCE.
51
POSSIBLE CONDITION
ONE THAT IS CAPABLE OF FULFILLMENT IN ITS NATURE AND BY LAW.
52
IMPOSSIBLE CONDITION
ONE THAT IS NOT CAPABLE OF FULFILLMENT IN ITS NATURE. IF CONDITION IS NOT TO DO AN IMPOSSILE THING - VALID AND IMMEDIATELY DEMANDABLE
53
POSITIVE CONDITION
THIS IS A CONDITION THAT SOME EVENT HAPPEN AT A DETERMINATE TIME.
54
NEGATIVE CONDITION
THIS IS A CONDITION THAT SOME EVENT WILL NOT HAPPEN AT A DETERMINATE TIME
55
DIVISIBLE CONDITION
ONE THAT IS CAPABLE OF PARTIAL PERFORMANCE
56
INDIVISIBLE CONDITION
ONE THAT IS NOT CAPABLE OF PARTIAL PERFOMANCE
57
LOSS OF THE DETERMINATE THING WITHOUT DEBTOR'S FAULT
OBLIGATION IS EXTINGUISHEDL
58
LOSS OF THE DETERMINATE THING WITH DEBTOR'S FAULT
DEBTOR IS OBLIGED TO PAY DAMAGES
59
DETERIORATION OF THE THING WITHOUT DEBTOR'S FAULT
IMPAIRMENT SHALL BE BORNE BY THE CREDITOR
60
DETERIORATION OF THE THING WITH DEBTOR'S FAULT
THE CREDITOR MAY DEMAND
1. RESCISSION PLUS DAMAGES, AND
2. FULFILLMETN PLUS DAMAGES
61
IMPROVEMENT OF THE THING BY NATURE OR TIME
INURE TO THE BENEFIT OF THE CREDITOR
62
IMPROVEMENT OF THE THING AT THE EXPENSE OF THE DEBTOR
THE DEBTOR WILL HAVE THE RIGHTS GRANTED TO A USUFRUCTUARY. HE MAY ALSO SET OFF THE IMPROVEMENTS AGAINST ANY DAMAGE TO THE THING
63
REMEDIES OF THE INJURED PARTY IN RECIPROCAL OBLIGATIONS
1. RESCISSION PLUS DAMAGES
2. FULFILLMENT PLUS DAMAGES
REMEDIES ARE ALTERNATIVE. HOWEVER, HE MAY ALSO SEEK RESCISSION, EVEN AFTER HE HAS CHOSEN FULFILLMENT, IF THE LATTER BECOMES IMPOSSIBLE
64
WHAT IS AN OBLIGATION WITH A PERIOD
IS ONE WHOSE DEMANDABILITY OR EXTINGUISHMENT IS SUBJECTED TO THE EXPIRATION OF THE TERM WHICH MUST NECESSARILY COME
65
KINDS OF PERIOD
1. EX DIE - A PERIOD WITH A SUSPENSIVE EFFECT
2. IN DIEM - A PRIOD WITH A RESOLUTORY EFFECT
3. LEGAL - A PERIOD FIXED BY LAW
4. VOLUNTARY - A PERIOD FIXED BY THE PARTIES
5. JUDICIAL - ONE THAT IS FIXED BY THE COURT
66
WHEN THE COURT MAY FIXED THE PERIOD
1. WHE THE OBLIGATION DOES NOT FIX A PERIOD, BUT FROM ITS NATURE AND CIRCUMSTANCES IT CAN BE INFERRED THAT A PERIO WAS INTENDED
2. WHEN THE DURATION OF THE PERIOD DEPENDS UPON THE WILL OF THE DEBTOR
67
WHEN THE DEBTOR LOSES HIS RIGHT TO MAKE USE OF THE PERIOD IF IT IS FOR HIS BENEFIT; THE CREDITOR MAY DEMAND IMMEDIATE PAYMENT
1. WHEN THE DEBTOR BECOMES INSOLVENT, UNLESS HE GIVES A GUARANTY OR SECURITY FOR THE DEBT
2. WHEN HE FAILS TO FURNISH THE SAID GUARANTIES OR SECURITIES THAT HE HAS PROMISED
3. WHEN HE IMPAIRS THE SAID GUARANTIES OR SECURITIES BY HIS OWN ACTS, OR WHN THROUGH A FORTUITOUS EVENT THEY DISAPPEAR, UNLESS HE GIVES NEW ONE EQUALLY SATISFACTORY.
4. WHEN HE VIOLATES ANY UNDERTAKING IN CONSIDERATION OF WHICH THE CREDITOR AGREED TO THE PERIOD
5. WHEN HE ATTEMPTS TO ABSCOND
68
KINDS OF OBLIGATION ACCORDING TO THE NUMBER OF PRESTATIONS
1. SIMPLE - ONE WHERE THERE IS ONY ONE PRESTATIONT
2. COMPOUND - ONE WHERE THERE ARE SEVERAL PRESTATIONS
69
CONJUNCTIVE OBLIGATION
SEVERAL PRESTATIONS ARE DUE AND ALL MUST BE PERFORMED
70
DISTRIBUTIVE OR DISJUNCTIVE OBLIGATION
1. ALTERNATIVE OBIGATION
2. FACULTATIVE OBLIGATION
71
WHAT IS ALTERNATIVE OBLIGATION
SEVERAL PRESTATIONS ARE DUE BUT THE PERFORMANCE OF ONE OF THEM IS SUFFICIENT TO EXTINGUISH THE OBLIGATION
72
WHAT IS FACULTATIVE OBLIGATION
OBLIGATION WHERE ONE ONE PRESTATIO IS DUE BUT THE DEBTOR MAY RENDER ANOTHER IN SUBSTITUTION
73
WHEN OBLIGATION CEASES TO BE ALTERNATIVE AND BECOMES SIMPLE OBLIGATION
1. WHEN THE DEBTOR COMMUNICATED HIS CHOISE TO THE CREDITOR
2. WHEN AMONG THE PRESTATIONS WHEREBY THE DEBTOR IS ALTERNATIVELY BOUND, ONLY ONE IS PRACTICABLE
3. WHEN THE CREDITOR HAS COMMUNICATED HIS CHOICE TO THE DEBTOR, IF THE CREDITOR HAS BEEN EXPRESSLY GIVEN THE RIGHT OF CHOICE.
GR: THE RIGHT OF CHOICE BELONGS TO THE DEBTOR UNLESS IT HAS BEEN EXPRESSLY GIVEN TO THE CREDITOR
74
WHAT IS OBLIGATION WITH PENAL CLAUSE
IS ONE WHICH PROVIES FOR GREATER LIABILITY ON THE PAT OF THE DEBTOR IN CASE OF NON-COMPLIANCE.
75
DEFINE PENAL CLAUSE
GENERALLY UNDERTAKEN TO INSURE PERFORMANCE AND WORKS AS EITHER, OR BOTH, PUNISHMENT AND REPARATION
76
GR: THE PENALTY TAKES PLACE OF THE DAMAGES AND INTEREST IN CASE ON NON-COMPLIANCE. EXCEPTIONS, ASIDE FROM PENALTY, DAMAGES AND INTERES MAY ALSO BE DEMANDED:
1. WHEN THERE IS STIPULATION TO THAT EFFECT
2. WHEN THE DEBTOR REFUSES TO PAY THE PENALTY
3. WHEN THE DEBTOR IS GUILTY OF FRAUD IN THE PERFORMANCE OF THE OBLIGATION
77
WHEN THE COURT MAY REDUCE THE PENALTY
1. WHEN THE OBLIGATION HAS BEEN PARTLY COMPLIED WITH BY THE DEBTOR
2. WHEN THE OBLIGATION HAS BEEN IRREGULARLY COMPLIED WITH BY THE DEBTOR
3. WHEN THE PENALTY IS INIQUITOUS OR UNCIONSCIONABLE EVEN IF THERE HAS BEEN NO PERFORMANCE
78
CAUSES OF EXTIGUISHMENT OF OBLIGATIONS
1. PAYMENT OR PERFORMANCE
2. LOSS OF THE THING DUE
3. CONDONATION OR REMISSION OF THE DEBT
4. CONFUSION OR MERGER OF RIGHTS OF CREDITOR AND DEBTOR
5. COMPENSATION
6. NOVATION
7. ANNULMENT
8. RESCISSION
9. FULFILLMET OF RESOLUTORY CONDITION
10. PRESCRIPTION
11. OTHER CAUSES
79
HOW MUST PAYMENT BE MADE
1. THERE MUST BE DELIVERY OF THE THING OR RENDITION OF THE SERVICES THAT WAS CONTEMPLATED
2. THE PAYMENT OR PERFORMANCE MUST BE COMPLETE
80
LEGAL TENDER, CONCEPT
IS THE MONEY OR CURRENCY WHICH THE DEBTOR MAY COMPEL THE CREDITOR TO ACCEPT IN PAYMENT OF HIS DEBT
81
PAYMENT MUST BE MADE BY THE DEBTOR WHO MUST POSSESS THE FOLLOWING:
1. FREE DISPOSAL OF THE THING
2. THE CAPACITY TO ALIENATE OF THE THING (OR GIVE CONSENT)
82
CREDITOR IS NOT BOUND TO ACCEPT PAYMENT OR PERFORMANCE OF THIRD PERSON EXCEPT:
1. WHEN THERE IS STIPULATION TO THAT EFFECT
2 . WHEN THIRD PERSON HAS AN INTEREST IN THE FULFILLMENT OF THE OBLIGATION SUCH AS GUARANTOR OR CO-DEBTOR
83
RIGHTS OF A THIRD PERSON WHO MAKES THE PAYMENT WITH THE KNOWLEDGE AND CONSENT OF THE DEBTOR
1. HE CAN RECOVER WHAT HE HAS PAID
2. HE IS ENTITLED TO BE SUBROGATED IN THE RIGHTS OF THE CREDITOR SUCH AS THOSE ARISING FRO MORTGAGE, GUARANTY OR PENALTY
84
RIGHTS OF A THIRD PERSON WHO MAKES THE PAYMENT WITHOUT KNOWLEDGE OR AGAINST THE WILL OF THE DEBTOR
HE CAN RECOVER ONLY INSOFAR AS THE PAYMENT HAS BEEN BENEFICIAL TO THE DEBTOR. HE IS NOT ENTITLED TO SUBROGATION
85
PAYMENT BY A THIRD PERSON WHO DOES NOT WANT TO BE REIMBURSED
1. THE PAYMENT SHALL BE DEEMED TO BE A DONATION WHICH REQUIRES THE DEBTOR'S CONSENT
2. IF THE DEBTOR DOES NOT CONSENT, THE PAYMENT SHALL NEVERTHELESS BE VALID TO THE CREDITOR WHO HAS ACCEPTED IT. THE THIRD PERSON SHALL ONLY RECOVER INSOFAR AS THE PAYMENT HAS BEEN BENEFICIAL TO THE DEBTOR; HE IS ALSO NOT ENTITLED TO SUBROGATION
86
TO WHOM SHALL PAYMENT BE MADE
1. TO THE CREDITOR
2. TO THE CREDITOR'S SUCCESSORS IN INTEREST, SUCH AS HIS HEIRS OR ASSIGNS
3. TO ANY PERSON AUTHORIZED TO RECEIVE PAYMENT
87
PAYMENT TO AN INCAPACITATED PESON IS NOT VALID EXCEPT:
1. IF HE HAS KEPT THE THING DELIVERED
2. INSOFAR AS THE PAYMENT HAS BEEN BENEFICIAL TO HIM
88
GR: PAYMENT TO AN UNATHORIZED THIRD PERSON IS NOT VALID EXCEPT:
A. IF THE PAYMENT HAS REDOUNDED TO THE BENEFIT OF THE CREDITOR, WHICH BENEFIT NEED NOT TO BE PROVED IN THE FOLLOWING CASES:
1. IF AFTER THE PAYMENT, THE THIRD PERSON ACQUIRES THE CREDITOR'S RIGHTS
2. IF THE CREDITOR RATIFIES THE PAYMENT TO THE THIRD PERSON
3. IF BY THE CREDITOR'S CONDUCT, THE DEBTOR HAS BEEN LED TO BELIEVE THAT THE THIRD PERSON HAD THE AUTHORITY TO RECEIVE PAYMENT
B. IF THE PAYMENT IS MADE IN GOOD FAITH TO A THIRD PERSON IN POSSESSION OF THE CREDIT
89
WHERE PAYMENT MUST BE MADE
1. IN THE PLACE STIPULATED
2. IF THERE IS NO STIPULATION
A. DETERMINATE THING - WHEREVER THE THING MIGHT BE AT THE TIME THE OBLIGATION WAS CONSTITUTED
B. GENERIC THING OR AN OBLIGATION TO DO - DOMICILE OF THE DEBTOR
90
SPECIAL FORMS OF PAYMENT
1. DATION IN PAYMENT
2. PAYMENT BY CESSION
3. APPLICATION OF PAYMENT
4. TENDER OF PAYMENT AND CONSIGNATION
91
WHAT IS DATION IN PAYMENT (DACION EN PAGO, ADJUDICACION EN PAGO OR DATIO IN SOLUTUM)
OWNERSHIP OF PROPERTY IS TRANSFERRED TO HIS CREDITOR TO PAY A DEBT IN MONEY
92
WHAT IS APPLICATION OF PAYMENT
DESIGNATION OF DEBT TO WHICH PAYMENT SHALL BE APPLIED WHEN THE DEBTOR OWES SEVERAL DEBTS IN FAVOR OF THE SAME CREDITOR
93
REQUISITES OF APPLICATION OF PAYMENT
1. THERE MUST TWO OR MORE DEBTS
2. THE DEBTS MUST BE OF THE SAME KIND
3. THE DEBTS ARE OWED BY THE SAME DEBTOR TO THE SAME CREDITOR
4. ALL DEBTS ARE DUE, EXCEP
A. WHEN THE PARTIES HAVE STIPULATED THAT PAYMENT MAY BE APPLIED TO A DEBT NOT YET DUE, OR
B. WHEN THE APPLICATION IS MADE BY THE PARTY WHOSE BENEFIT THE TERM HAS BEEN CONSTTUTED
94
WHAT IS PAYMENT BY CESSION
IT IS THE ABANDONMENT OR ASSIGNMENT BY THE DEBTOR OF ALL HIS PROPERTY IN FAVOR OF HIS CREDITORS SO THAT THE LATTER MAY SELL THEM AND RECOVER THEIR CLAIMS OUT OF THE PROCEEDS
95
REQUISITES OF PAYMENT BY CESSION
1. THERE MUST BE TWO OR MORE CREDITORS
2. THE DEBTOR IS INSOLVENT
3. THE DEBTOR ABANDONS ALL HIS PROPERTY EXCEPT THOSE WHICH ARE EXEMPT FROM EXECUTION
4. THE CREDITORS ACCEPT THE ABANDONMENT
96
WHAT IS CONSIGNATION
THE ACT OF DEPOSITING THE SUM OR THING DUE WITH THE JUDICIAL AUTHORITIES WHENEVER THE CREDITOR REFUSES WITHOUT JUST CAUSE TO ACCEPT THE SAME, OR IN THE CASES WHEN THE CREDITOR CANNOT ACCEPT IT.
97
WHAT IS TENDER OF PAYMENT
IS THE ACT OF THE DEBTOR OF OFFERING TO HIS CREDITOR WHAT IS DUE HIM
98
REQUISITES (STEPS) FOR TENDER OF PAYMENT AND CONSIGNATION TO EXTINGUISH THE OBLIGATION
1. THERE MUST BE A VALID TENDER OF PAYMENT
2. THE CREDITOR REFUSES WITHOUT JUST CAUSE TO RECEIVE THE PAYMENT
3. THE DEBTOR INTERESTED IN THE FULFILLMENT OF THE OBLIGATION MUST BE NOTIFIED BY THE DEBTOR OF HIS INTENTION TO DEPOSIT THE SUM OR THIG DUE WITH THE JUDICIAL AUTHORITIES
4. THE SUM OR THING DUE IS DEPOSITED WITH JUDICIAL AUTHORITIES
5. THE PERSON INTERESTED IN THE FULFILLMENT OF THE OBLIAGTION MUST AGAIN BE NOTIFIED BY THE DEBTOR THAT THE CONSIGNATION HAS BEEN MADE
99
EFFECTS OF DEBTOR'S WITHDRAWAL OF THE SUM OR THING DUE BEFORE ACCEPTANCE BY THE CREDITOR OF THE CONSIGNATION OR THE DECLARATION BY THE JUDGE THAT THE CONSIGNATION HAS BEEN PROPERLY MADE (CONSENT OF CREDITOR NOT REQUIRED)
1. THE OBLIGATION SHALL REMAIN IN FORCE
2. THE CO-DEBTORS, GUARANTORS, AND SURETIES AR NOT RELEASED
100
EFFECTS OF DEBTOR'S WITHDRAWAL OF THE SUM OR THING DUE AFTER ACCEPTANCE BY THE CREDITOR OF THE CONSIGNATION OR THE DECLARATION BY THE JUDGE THAT THE CONSIGNATION HAS BEEN PROPERLY MADE (CONSENT OF CREDITOR IS REQUIRED)
1. THE OBLIGATION SHALL BE REVIVED
2. THE CREITOR SHALL LOSE EVERY PREFERENCE WHICH HE MAY HAVE OVER THE THING
3. THE GUARANTORS, AND SURETIES ARE RELEASED UNLESS THEY CONSENTED. IF THERE ARE SEVERAL DEBTORS AND THEIR OBLIGATION IS SOLIDARY, SUCH OBLIGATION WILL BECOME A JOINT OBLIGATION
101
WHEN CONSIGNATION, WITHOUT TENDER OF PAYMENT WILL PRODUCE THE SAME EFFECT
1. WHEN THE CREDITOR IS ABSENT OR UNKNOWN OR DOES NOT APPEAR AT THE PLACE OF PAYMENT
2. WHEN HE IS INCAPACIATED TO RECEIVE THE PAYMENT AT THE TIME IS DUE
3. WHEN, WITHOUT JUST CAUSE, HE REFUSES TO GIVE A RECEIPT
4. WHEN TWO OR MORE PERSONS CLAIM THE SAME RIGHT TO COLLECT
5. WHEN THE TITLE OF THE OBLIGATION HAS BEEN LOST
102
WHEN IS A THING CONSIDERED LOST
A THING IS CONSIDERED LOST WHEN IT PERISHES, OR GOES OUT OF COMMERCE, OR DISAPPEARS IN SUCH A AY THAT ITS EXISTENCE IS UNKNOWN OR IT CANNOT BE RECOVERED. IT INCLUDES THE PHYSICAL OR LEGAL IMPOSSIBILITY OF THE SERVICE IN WHICH THE OBLIGATION CONSISTS.
103
GR: THE LOSS OF A DETERMINATE THING EXTINGUISHES THE OBLIGATION, EXCEPT:
1. WHEN THE LOSS IS DUE TO THE FAULT OF THE DEBTOR
2. WHEN THE DEBTOR HAS INCURRED IN DELAY
3. WHEN SO PROVIDED BY LAW, AS WHEN THE DEBTOR HAS PROMISED TO DELIVER THE SAME TING TO TWO OR MORE PERSONS WHO DO NOT HAVE THE SAME INTEREST
3. WHEN IT IS STIPULATED BY THE PARTIES
4. WHEN THE NATURE OF THE OBLIGATION REQUIRES THE ASSUMPTION OF RISK
5. WHEN THE DEBT PROCEEDS FROM A CRIMINAL OFFENSE (UNESS THE PERSON WHO SHOULD RECEIVE IT REFUSES TO ACCEPT IT, WITHOUT JUST CAUSE)
104
WHAT IS CONDONATION OR REMISSION
THE GRATUITOUS ABANDONMENT BY THE CREDITOR OF HIS RIGHT. IT REQUIRES THE DEBTOR'S CONSENT
105
WHAT IS CONFUSION OR MERGER
THE MEETING IN ONE PERSON OF THE QUALITIES OF THE CHARACTERS OF CREDITOR AND DEBTOR
106
WHAT HAPPENS OF A MERGER IN A JOINT OBLIGATION
IT EXTINGUISHES ONLY THE SHARE OF THE JOINT DEBTOR OR CREDITOR IN WHOM THE CHARACTERS OF DEBTOR AND CREDITOR CONCUR
107
WHAT HAPPENS OF A MERGER IN A JOINT OBLIGATION
MERGER IN ONE OF THE SOLIDARY DEBTORS OR SOLIDARY CREDITORS EXTINGUISHES THE WHOLE OBLIGATION. THE SOLIDARY DEBTOR IN WHOM THE CHARACTERS OF DEBTOR AND CREDITOR CONCUR CAN DEMAND REIMBURSMENT FROM HIS CO-DEBTORS. IN THE CASE OF THE SOLIDARY CREDITOR, HE SHAL BE LIABLE TO HIS CO-CREDITORS FOR THE SHARE CORRESPONDING TO EACH OF THEM
108
WHAT IS COMPENSATION
WHEN TWO PERSONS, IN THEIR OWN RIGHT, ARE CREDITORS AND DEBTORS OF EACH OTHER
109
CLASSIFICATION OF COMPENSATION AS TO CAUSE OR ORIGIN
1. LEGAL
2. VOLUNTARY OR CONVENTIONAL
3. JUDICIAL (OR SET-OFF)
4. FACULTATIVE
109
AS TO LEGAL COMPENSATION, WHAT ARE THE REQUISITES
1. THAT EACH ONE OF THE OBLIGORS BE BOUND PRINCIPALLY, AND THAT HE BE AT THE SAME TIME A PRINCPAL CREDITOR OF THE OTHER
2. THAT BOTH DEBTS CONSIST IN SUM OF MONEY OR IF THE THINGS DUE ARE CONSUMABLE, THEY BE OF THE SAME KIND, AND ALSO OF THE SAME QUALITY IF THE LATTER HAS BEEN STATED
3. THAT THE TWO DEBTS BE DUE
4. THAT BOTH DEBTS BE LIQUIDATED AND DEMANDABLE
5. THAT OVER NEIITHER OF THEM THERE BE ANY RETENTION OR CONTROVERSY COMMENCED BY THIRS PERSONS AND COMMUNICATED IN DUE TIME TO THE DEBTOR
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INSTANCES OF FACULTATIVE COMPENSATION
1. WHEN ONE OF THE DEBTS ARISES FROM DEPOSIT
2. WHEN ONE OF THE DEBTS ARISES FROM THE OBLIGATIONS OF A BAILEE IN COMMODATUM
3. WHEN ONE OF THE DEBTS ARISES FROM A CLAIM FOR SUPPORT BY GRATUITOUS TITLE
4. WHEN ONE OF THE DEBTS CONSISTS IN CIVIL LIABILITY ARISING FROM A PENAL OFFENSE
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EFFECT OF ASSIGNMENT ON COMPENSATION OF DEBT WITH THE DEBTOR'S CONSENT
THE DEBTOR CANNOT SET UP AGAINST THE ASSIGNEE THE COMPENATION THAT WOULD PERTAIN TO HIM AGAINST THE ASSIGNOR UNLESS HE RESERVED HIS RIGHT TO THE COMPENSATION
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EFFECT OF ASSIGNMENT ON COMPENSATION OF DEBT IF THE DBTOR WAS NOTIFIED BUT WITHOUT HIS CONSENT
THE DEBTOR MAY SET UP COMPENSATION OF DEBTS MATURING BEFORE THE ASSIGNMENT BU NOT OF SUBSEQUENT ONES
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EFFECT OF ASSIGNMENT ON COMPENSATION OF DEBT IF THE DBTOR WAS NOTIFIED BUT WITHOUT HIS CONSENT
IF THE ASSIGNMENT WAS WITHOUT KNOWLEDGE OF THE DEBTOR, HE CAN ST UP COMPENSATION OF ALL DEBTS MTURING BFORE THE TIME HE OBTAINES KNOWLEDGE OF THE ASSIGNMENT
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WHAT IS NOVATION
THE MODIFICATION OR EXTINGUISHMENT OF AN OBLIGATION BY ANOTHER, EITHER BY CHANGING THE OBJECT OR PRINCIPAL CONDITION, SUBSTITUTING THE PERSON OF THE DEBTOR, OR SUBROGATING A THIRD PRSON IN THE RIGHTS OF THE CREDITOR.
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REQUISITES OF NOVATION
1. THERE MUST BE PREVIOUS VALID OBLIGATION
2. THERE MUST BE AN AGREEMENT BETWEEN THE PARTIES TO MODIFY OR EXTINGUISH THE OBLIGATION, EXCEPT IN THE FOLLOWING:
A. WHEN THE PERSON OF THE DEBTOR IS CHANGED WHICH CAN BE MADE EVEN IF IT IS AGAINST THE WILL OF THE DEBTOR, OR
B. WHEN ANOTHER PERSON IS SUBROGATED IN THE PLACE OF CREDITOR:
> WHEN A CREDITOR PAYS ANOTHER CREDITOR WHO IS PREFERED, EVEN WITHOUT THE DEBTOR'S KNOWLEDGE
>WHEN, EVEN WITHOUT THE KNOWLEDEGE OF THE DEBTOR, A PERSON INTERESTED IN THE FULFILLMENT OF THE OBLIGATION PAYS, WITHOUT PREUDICE TO THE EFFECTS OF CONFUSION AS TO THE LATTER'S SHARE
3. THERE MUST BE THE EXTINGUISHMENT OF THE OLD OBLIGATION
4. THERE MUST BE VALIDITY OF THE NEW OBLIGATION
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KINDS OF NOVATION ACCORDING TO OBJECT OR PURPOSE
1. REAL OR OBJECTIVE
2. PERSONAL OR SUBJECTIVE
3. MIXED
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WHAT IS EXPROMISION
A THIRD PERSON INITITES THE SUBSTITUTON AND ASSUMES THE OBLIGATION EVEN WITHOUT THE KNOWLEDGE OR AGAINST THE WILL OF THE DEBTOR. WITH CREDITORS CONSENT
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WHAT IS DELEGACION
THE DEBTOR INITIATES THE SUBSTITUTION. REQUIRES THE CONSENT OF ALL PARTIES
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RIGHTS OF THE NEW DEBTOR IF HE MAKES PAYMENT IN EXPROMISION
THE NEW DEBTOR CAN RECOVER ONLY INSOFAR AS THE PAYMENT HAS BEEN BENEFICIAL TO THE DEBTOR
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RIGHTS OF THE NEW DEBTOR IF HE MAKES PAYMENT IN DELEGACION
HE CAN RECOVER WHAT HE HAS PAID AND IS ENTITLED TO SUBROGATION
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EFFECTS IF NEW DEBTOR IS INSOLVENT OR DOES NOT FULFILL OBLIGATION IN EXPROMISION
IT SHALL NOT GIVE RISE TO ANY LIABILITY ON THE PART OF THE ORIGINAL DEBTOR. THE ORIGINAL DEBTOR IS RELEASED FROM LIABILITY. THIS IS TRUE WHETHER THE SUBSTITUTION WAS WITHOUT THE KNOWLEDGE OF THE DEBTOR OR AGAINST HIS WILL OR IT WAS CONSENTED TO BY HIM.
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EFFECTS IF NEW DEBTOR IS INSOLVENT IN DELEGACION
THE CREDITOR'S RIGHT TO PROCEED AGAINS THE ORIGINAL DEBTOR IS NOT REVIVED EXCEPT:
1. WHEN THE INSOLVENCY OF THE NEW DEBTOR WAS ALREADY EXISITING AND OF PUBLIC KNOWLEDGE WHEN THE ORIGINAL DEBTOR DELEGATED HIS DEBT
2. WHEN THE INSOLVENCY OF THE NEW DEBTOR WAS ALREADY EXISITING AND KNOWN TO THE ORIGINAL DEBTOR AT THE TIME HE DELEGATED HIS DEBT
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KINDS OF SUBROGATING A THIRD PERSON IN THE RIGHTS OF THE CREDITOR
1. CONVENTIONAL SUBROGATION
2. LEGAL SUBROGATION
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EXCEPTIONS WHEN THE ACCESSORY OBLIGATION IS NOT EXTINGUISHED WHEN THE PRINICPAL OBLIGATION IS EXTINGUISH
1. WHEN THE ACCESSORY OBLIGATION WAS ESTABLISHED FOR THE BENEFIT OF THIRD PRSONS WHO DID NOT GIVE THEIR CONSENT
2. WHEN THERE WAS A STIPULATION THAT THE ACCESSORY OBLIGATION WILL SUBSIST NOTWITHSTANDING THE NOVATION
3. WHEN THE NOVATION IS ONE WHERE A THIRD PERSON IS SUBROGATED IN THE RIGHTS OF THE CREDITOR
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KINDS OF NOVATION ACCORDING TO EXTENT
1. TOTAL OR EXTINCTIVE
2. PARTIAL OR MODIFICATORY
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EFFECT IF ORIGINAL OBLIGATION IS SUBJECT TO A SUSPENSIVE OR RESOLUTORY CONDITION
THE NEW OBLIGATION SHAL BE SUBJECT TO THE SAME CONDITION UNLESS OTHERWISE STIPULATED BY THE PARTIES
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