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Lizardo, Simon Delric P. November 26, 2020COBOBLI K34 119097141. What is a civil obligation? Differentiate from a natural obligation?What differentiates civil obligations from natural obligations is the basis of their formulation and enforcement. Civil obligations are obligations that can be enforce...

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Lizardo, Simon Delric P.

November

26, 2020 COBOBLI K34

11909714

1. What is a civil obligation? Differentiate from a natural obligation? What differentiates civil obligations from natural obligations is the basis of their formulation and enforcement. Civil obligations are obligations that can be enforced by the action of courts of justice, which are based on state law. Natural obligations, on the other hand, are obligations that are not enforced by the courts because they are based on natural law. Hence, the definition of an obligation given in Article 1156 of the Civil Code mainly concerns civil obligations.

2. What are the elements of an obligation? Explain each The elements of an obligation are passive and active subjects, prestation, and juridical tie. The passive subject is the party who is obliged to perform the obligation, the active subject is the party in the receiving end of the obligation and can demand the fulfilment of the obligation, the prestation is the object that is to be given, to be done or not to be done, and the juridical tie is the binding force that connects the parties to the obligation. If one element is missing, no obligation exists.

3. What are the remedies when an obligation is breached? Explain each and give an example. The remedies when an obligation is breached is specific performance and rescission. Specific performance is the act of compelling the debtor to deliver the obligation. It is only allowed when the obligation is to give a thing,

for specific performance for an obligation to do is considered as involuntary servitude, a violation to the Constitution. Rescission, on the other hand, is the cancellation of the contract. An example is when X failed to deliver a Rolex watch to Y. Y can either compel the debtor to fulfil the obligation or cancel the obligation, but not at the same time. In both cases, the creditor, Y, can claim damages.

4. What are the different kinds of obligations? Explain and give an example for each. The kinds of obligations are the following: A. According to Demandability 1. Pure-obligations that are immediately demandable because they are not subject to any condition. An example is when X is obliged to pay Php 500 to Y on demand. 2. Conditional- obligations that depend on a condition, which is a future and uncertain event, or a past even unknown to the parties. The condition is said to be suspensive when the happening of the condition gives rise to the obligation. On the other hand, the condition is said to be resolutory when the happening of the condition will extinguish the obligation. An example of an obligation with a suspensive condition is when X, the father of Y, is obliged to give his son a brand new iPhone if he becomes valedictorian of the class. An example of an obligation with a resolutory condition is when Y is obliged to drive X to school until he gets his own car. 3. Obligations with a period- obligations where the demandability or expiration of an obligation depends on a period, which is a future and certain event. Similar to conditional obligations, there

are mainly 2 types of periods, suspensive and resolutory. An example of an obligation with a suspensive period is when X is obliged to pay the rent to Y a month from now. An example of an obligation with a resolutory period is when X is obliged to pay a monthly amount to Y until Y dies. B. According to plurality of object 1. Alternative- obligations where several prestations are present, the performance of one is sufficient to fulfil the obligation. It is a type of compound, distributive obligation where there are 2 or more prestations that are due. An example is when X is obliged to deliver an Asus ROG laptop to Y. However, Y agreed that the obligation can also be fulfilled if X pays Php 60,000 or render 40 hours of service in the business of Y. 2. Facultative- also compound, distributive obligations where one principal obligation is due, but the debtor may substitute with for noncompliance to the principal obligation. An example is when X is obliged to deliver an Apple Macbook to Y. However, if X is unable to comply with the obligation, only then can X substitute that by paying Php 90,000 instead. C. According to plurality of subject 1. Joint- obligations where the performance of the whole obligation is proportionately fulfilled by different debtors and/or demanded by different creditors. An example is when X, Y, and Z joint debtors that are obliged to pay Php 50,000 to P according to their . Article 1208 states that if there is not proportion stated by law or wording of the obligations, it is presumed that it will be divided equally. 2. Solidary- obligations where one of the debtors is bound to fulfil and/or one of creditors can demand the debtor to fulfil the

obligation. An example is when X, Y, Z are debtors to A, who can choose X to fulfil the whole obligation.

D. According to performance 1. Divisible- obligations where the obligation is capable of being performed partially. An example is when on December 1, X is obliged to deliver 10 sacks of maize to Y by December 5. X can deliver 2 sacks of maize per day to fulfil the obligation. 2. Indivisible- obligations where it is not able of be performed partially. This means that the obligation must be performed as a whole. An example is when X is obliged to deliver a car to Y. It is impossible for X to deliver the car piece by piece, so it has to be delivered as a whole car to Y. E. As to sanction for breach 1. Obligations with a penal clause- obligation which has a stipulation that failure to perform the obligation or performance of obligation in contravention of the tenor thereof shall entitle the creditor to seek for damages as well as for courts to impose penalties in the form of additional interest of penalties. An example is where the

5. Explain the concept of rescission. Give an example. Article 1191 of the Civil Code provides the concept of rescission. It is defined as the cancellation of the obligation due to noncompliance. In the said article, rescission is implied in reciprocal obligations because the parties to a reciprocal obligation are both the creditor and debtor and the performance of the obligation is required to be simultaneous. Rescission is

also permissible in unilateral obligations, but it is not implied. In addition, rescission is not limited with obligations to give. An example is when X and Y bind themselves to a contract of the sale of a Samsung 4K TV, where X is the salesman and Y is the customer. As to the TV, X is the debtor and Y is the creditor. When the sale is made and the price is to be paid, X becomes the debtor and Y becomes the creditor. Other obligations may be rescinded, but it is not implied.

6. In a solidary obligation, when one of the debtors is called to pay the obligation, what are his rights? Explain Once the debtors is called to pay the obligations, Article 1217 takes effect. This means that payment of one of the debtors extinguishes the obligation, and the debtor who performed the obligation has the right to be reimbursed from the other co-debtors which corresponds to them, with legal interest only from the time of payment. However, if the obligation has become illegal before the debtor makes the payment, no right is given to the debtor who paid the obligation. If one of the debtors cannot pay his or her share of the reimbursement because of insolvency, other co-debtors shall take the place of the insolvent co-debtor. And if payment is made before the due date, no interest is computed.

7. In a solidary obligation, may a paying debtor be subrogated to the rights of the original creditor? Explain No, the debtor is not subrogated all the rights of the original creditor. When payment is made, the original obligation is extinguished, but a joint obligation is made where the co-debtors will reimburse the debtor who paid the original creditor. This is because the right to reimbursement becomes

real only when payment was made. Before that date, reimbursement is only conditional. Therefore, there is no real case of subrogation.

8. A, B and C owe X, Y and X the sum of P100,000.00. The parties did not agree as to what kind of obligation they contracted. What kind of obligation did they contract? Explain. The kind of obligation they contracted is a Joint Obligation. There a several creditors and debtors in the contract It is not expressly stated in the contract that the co-debtors are in solidary liability with each other. Hence, it is presumed that it is a joint obligation, as stated in Article 1207.

9. a.) True or False? The creditor acquires real rights over the thing from the moment the thing is delivered and not from the time the obligation to deliver it arises. (Explain why) True, the creditor only acquires real rights the moment the thing is delivered to the creditor. Article 1164 of the Civil Code differentiates real right from personal right. A real right is made when the right of interest over the specific thing is transferred from the debtor to the creditor through the delivery of the thing. On the other hand, a personal right only gives the creditor the right to demand the debtor to perform the obligation.

b) True or False? If the obligation depends upon the sole will of a third person the obligation is voidable. (Explain why) False, a causal obligation is a valid. The sole will of a third person still requires the debtor to fulfil the obligation. Article 1182 states that the obligation is void if the compliance, validity, and demandability of the

obligation is left to the sole will of the debtor. This is because the debtor can choose not to perform the obligation without any liability, making the obligation illusory.

10. Efren obliged to deliver 24 cases of softdrinks to Darna on Christmas Day 2020. On Christmas Day, Efren was only able to deliver 20 cases of softdrinks to Darna, which Darna saw and accepted without any objections. Which of the following is correct? Explain your answer. a. Darna may rescind the obligation and ask for the value of the 24 cases plus damages from Efren. b.Darna may ask for specific performance from Efren to deliver the remaining cases with damages. c. With the acceptance of Darna, the obligation of Efren was deemed complied. d. The obligation of Efren is not extinguished and he is obliged to deliver the remaining cases without any damages. The correct answer is C. Darna knew that Efren delivered 20 cases, so the obligation is not extinguished under normal circumstances. However, she still accepted and no objection was made. Under Article 1235, the obligations is considered as fully complied with and already extinguished....