practice oral Flashcards
What is articl 1168
ART. 1168. When the obligation consists in not doing, and the obligor does
what has been forbidden him, it shall also be undone at his expense.
(1099a)— It is about Negative Personal Obligations
What is article 1169
Those obliged to deliver or to do something incur in delay from
the time the obligee judicially or extra judicially demands from them the
fulfillment of their obligation.
– obliged to deliver juridical and Extra Juridical
IN ORDER DELAY MAY EXIST/ WHEN DEMAND IS NOT NECESSARY TO PUT DEBTOR IN DELAY:
> When the obligation so provides
When the law so provides
When time is of the essence
When demand would be useless
When there is performance by a party in reciprocal obligations
What is Delay?
Non fulfillment of the obligation during the respective time
Difference between ordinary and legal delay
Ordinary- failure to perform on time
Legal Delay- failure to perform on time which fails to constitute the breach of contract
Mora solvendi
– delay on debtor to give or
to do
Mora acciepiendi
– delay on creditor to
accept performance of obligation
Compensatio morae
– delay of debtor in
reciprocal obligation (sale) cancels the delay
of oblige; result: no actionable default
3 kinds of delay
Mora Solvendi, Mora Acciepiendi, and Compensatio Morae
Requisites of Mora Solvendi
Failure to perform positive obligation
› Failure to comply with such demand
EFFECTS OF DELAY OF MORA SOLVENDI
› Debtor is guilty of breach
› Liable to the creditor for interest
› Liable for fortuitous event obligation to
deliver determinate thing – the debtor may
prove loss is just the same even if he had
been default
EFFECTS OF DELAY OF MORA ACCIEPIENDI
› Creditor is guilty of breach
› Liable for damages suffered
› Bears risk of loss
› Obligation to pay
› Debtor may release himself from the
obligation
What is art. 1170
Fraud (deceit/dolo)
What is fraud/ dolo
is a deceit or
intentional evasion by the debtor of the
normal compliance of his obligation.
Kinds of Fraud:
A. Fraud in obtaining consent:
- niloko ka para makuha yung consent mo
B. Fraud in the performance of the obligation
- This is the deliberate act of evading fulfillment of
an obligation in a normal manner. The party
committing fraud shall be liable for damages
- after makuha yung consent mo, nung i-perform
na yung obligation doon nagloko -
Fraud in obtaining consent
- Causal Fraud or Dolo Causante
- fraud of a serious kind, without which,
consent would not have been given. It renders
the contract voidable for it is a defect in one of
the essential elements of a contract, “consent”.
- fraud ang naging dahilan para makuha mo
consent niya - Incidental Fraud or Dolo Incidente
- This refers to fraud without which consent
would have still been given but the person giving
such consent would have agreed on different
terms. It would not render the contract void but
the party committing the fraud shall be liable for
damages.
- Ito yung klase ng pangloloko na kahit niloko mo
siya, may consent pa rin pero different terms yung
maibibigay niya
Example: “Ate pabili ng alak” pag tingin ng tindera
sa shelf may alak naman talaga. Pero nung
tinanong mo kung magkano, sabi niya “sir 10,000
yung isang bote ng alak” so nagtaka ka bakit ang
mahal, sagot niya naman “kasi po 20 years old na
yung alak.” Dahil inom na inom ka na, pumayag ka
naman pero in reality 2 month old pa lang yung
alak.
Culpa aquillana
Culpa Contractual
Culpa Negligence
negligence
breach of contract
criminal negligence
padaghanay og evidence to win the case
propenderance of the events
kinds of negligence according to source of obligation
culpa aquillana
culpa Contractual
culpa criminal
(ACC)
Unilateral
one party is liable
Bilateral Obligation
Reciprocal- no specific time or period where the obligation will be made
Non Reciprocal-
Caso Furtuito
Furtuitos events/ inevitable/ unforseen events
Exceptions of Fortuitous Event
- Law or stipulation expressly so declare
- possessor in bad faith and return what is lost - Nature of the obligation requires the assumption of risk
- insurance kay naay risk - Obligation is other than obligation to give a specific thing
- og unsa gi oblige e deliver kay maonana sha - Debtor is already in delay
Requisites of a furtuitos event
IUID
1. Independent of the debtor’s will (not controlled by the debtor)
2. The event is unavoidable (linog)
3. Impossible to fulfill by the debtor (namatay ang iro saon man tana)
4. the debtor did not participate in causing damages towards the creditor
Unilateral
one party is liable
when is negligence equivalent to fraud?
When there is gross negligence/ intentionally evil/ no deligince exerted
