Obligations and Contracts: Module 1 Flashcards
Article 1156 of the Civil Code of the Philippines
New Civil Code of the Philippines
mga batas na nagsasaad kung pano makitungo sa bawat isa
took effect on August 30,1950
Obligations
a juridical necessity to give, to do or not to do.
What is the meaning of obligation?
Obligation is a tie or bond that recognized by law by virtue of which one is bound
in favor of another to render something, it may consist in giving a thing, doing a
certain act, or not doing a certain act.
What is quasi-contract?
Quasi-contract is juridical relation resulting from lawful, voluntary, and unilateral
acts.
What is the meaning of compliance in good faith?
It means that compliance or performance in accordance with the stipulations or
terms of the contract or agreement.
What is solution indebiti?
The juridical relation which is created when something is received when there is
no right to demand it and was unduly delivered through mistake.
What are the essential requisites of an obligation? Define them.
A Passive Subject – it is called debtor or obligor, the person who has a duty to
the fulfillment of the obligation.
An Active Subject – it is called creditor or oblige, the person who has a right to
demand the fulfillment of the obligation.
Object or Prestation – it is a subject matter of the obligation, the conduct required
to be observed by the debtor.
A Juridical or Legal Tie – it is called efficient cause, which binds or connects the
parties to the obligation.
A Passive Subject
It is called debtor or obligor, the person who has a duty to
the fulfillment of the obligation.
An Active Subject
it is called creditor or oblige, the person who has a right to
demand the fulfillment of the obligation.
Object or Prestation
– it is a subject matter of the obligation, the conduct required
to be observed by the debtor.
A Juridical or Legal Tie
it is called efficient cause, which binds or connects the
parties to the obligation.
Meaning of generic or indeterminate thing.
Generic or indeterminate thing is when it refers only to a class or genus to which
it pertains and cannot be pointed out with particularity.
What is the difference between personal right and real right?
Personal right is the right or power of a creditor to demand from debtor, while the
real right is the right or interest of a person over a specific thing like ownership,
possession, without a definite passive subject against whom the right may be
personally enforced.
What is the difference between ordinary delay and legal delay?
Ordinary delay is the failure to perform an obligation on time, while legal delay is
the failure to perform an obligation on time which failure constitutes a breach of
the obligation.
What are the kinds of delay or default?
Mora solvendi
Mora accipiendi
Compensatio morae
Meaning of fortuitous event.
Fortuitous event is any event which cannot be foreseen, or though foreseen but it
is inevitable. It consists of being a happening independent of the will of the debtor
and which happening, makes the normal fulfillment of the obligation impossible.
11)What are the kinds of fruits? Defined and example
Natural fruits – spontaneous products of the soil, and the young and other
products of animals. Example, the plants on lands produced without the
intervention of human labor.
Industrial fruits – produced by lands of any kind through cultivation or labor.
Example, vegetables, rice.
Civil fruits – derived by virtue of a juridical relation. Example, rents of buildings.
B sold his horse to C for P20, 000 without date or condition was stipulated
for the delivery of the horse. While still in the possession of B, the horse
gave birth to a colt. Who has a right to the colt?
In a contract of sale “all the fruits shall pertain to the vendee from the day on
which the contract was perfected.” Therefore, C is entitled to the colt, if C has
paid the price. But B has a right to the colt if it was born before the obligation to
deliver the horse has arisen and C has not yet paid the purchase price. B does
not have to give the colt and C is not obliged to pay legal interest on the price
since the colt and the interest are deemed to have been mutually compensated.
What are the rules in case of loss, deterioration, or improvement of thing
during pendency of suspensive condition?
When the thing is loss without debtors’ fault
When the thing is loss through debtors’ fault
Deterioration of things without debtors’ fault
Deterioration through debtors’ fault
Improvement of thing through nature or time
Improvement through expense of debtor
What is the meaning of condition?
It is a future and uncertain event, upon the happening of which, the effectivity or
extinguishment of an obligation subject to it depends.
Kinds of loss and defined.
Physical loss – when a thing perishes as when a house is burned and reduced to
ashes.
Legal loss – when a thing goes out of commerce.
Civil loss – when a thing disappears in such a way that its existence is unknown.
What is reciprocal obligation?
Which arise from the same cause and in which each party is a debtor and
creditor of the other, such as performance of one is designed to be the equivalent
and the condition for the performance of the other.
What is non-reciprocal obligation?
Which do not impose simultaneous and correlative performance on both parties.
Meaning of pure obligation
Pure obligation is not subject to any condition and no specific date is mentioned
for its fulfillment and is, therefore, immediately demandable.
What is the meaning of obligation with a period?
One whose effects or consequences are subjected in one way or another to the
expiration or arrival of said period or term.
What is the meaning of contract?
A contract is a meeting of minds between 2 persons whereby one binds himself,
with respect to the other, to give something or to render some service.
Contracts are binding agreements enforceable through legal proceedings in case
the other party does not comply with his obligation under the agreement.
Distinguish nominate from innominate contract.
Nominate contract or that which has a specific name or designation while
innominate contract or that which has no specific name or designation
What is a stipulation pour autrui?
A stipulation in a contract clearly and deliberately conferring a favor upon a 3rd
person who has right to demand its fulfillment provided he communicates his
acceptance to the obligor before its revocation by the obligee or the original
parties.
What is the exception to the general rule that a contract binds only the
parties?
By their nature
By stipulation
By provision of law
What is the right of a creditor in cases of contracts intended to defraud
them?
The creditor is given the right to impugn the contracts of his debtor to defraud
him.
What are the essential requisites of a contract?
Consent of the contracting parties
Object certain which is the subject matter of the contract
Cause of the obligation which is established
In contracts, what is the meaning of consent, offer and acceptance?
Consent is the conformity or concurrence of wills and with respect to contracts, it
is the agreement of the will of 1 contracting party with that of another or others,
upon the object and terms of the contract. It is the meeting of minds or mutual
assent (agreement takes place when there is an offer and acceptance of the
offer) between the parties on the subject matter and the cause which are to
constitute the contract.
Offer is a proposal made by 1 party to another, indicating a willingness to enter
into a contract
Acceptance is the manifestation by the offeree of his assent to all the terms of
the offer.
Who cannot give consent to a contract? Give a brief description.
Unemancipated minors- refer to the person who have not yet reached the age of
majority (18 yrs. old) and are still subject to parental authority
Insane or demented person- insanity must exist at the time of contracting unless
proved a person is presumed sane
Deaf-mutes- persons who are deaf and dumb. But if the deaf-mute knows how to
write and write, the contract is valid
What are the causes that vitiate consent or render contracts to be defective
so as to make it voidable contracts?
Error or mistake
Violence or force
Intimidation or threat or duress
Undue influence
Fraud or deceit
This is valid until annulled by court.
Voidable obligation
What is novation?
It is the total or partial extinction of an obligation through the creation of a new
one which substitutes it.
What is the effect if the new obligation is void? Is there novation?
There is no novation, because it is new obligation. When it is void then it needs
to do the first obligation. Because when we say novation, it is creating new one.
Since there is a new obligation that is void, so there is no novation to do.
It is gratuitous in nature or by way of donation.
Condonation or remission
C, D, and E promised to pay F solidarily P30, 000 on or before December 20
without need of demand. On December 19, E paid the whole P30, 000 to F.
How much can E collect from C and D?
E can collect P10, 000 from C and D
What is a causal fraud and how is it committed?
Causal fraud is the fraud committed by 1 party before or at the time of the
celebration of the contract to secure the consent of the other. It may be
committed through insidious words or machinations.
