Jurado-obligations-reviewer PDF

Preview

Summary

BOOK IVOBLIGATIONS AND CONTRACTS(JURADO)TITLE I — OBLIGATIONSCHAPTER 1GENERAL PROVISIONSART. 1156 OBLIGATION is the juridical necessity to comply with a prestation; a legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the f...

Description

Civil Law: Obligations and C

BOOK IV OBLIGATIONS AND CONTRACTS (JURADO) TITLE I — OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS ART. 1156 • OBLIGATION is the juridical necessity to comply with a prestation; a legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand of him • CIVIL OBLIGATION is one which has a binding force in law, and which gives to the obligee or creditor the right of enforcing it against the obligor or debtor in a court of justice • NATURAL OBLIGATION is one which cannot be enforced by action, but which is binding on the party who makes it in conscience and according to natural law • When an action has prescribed under the statute of limitations, a natural obligation still subsists, although the civil obligation is extinguished o

CIVIL OBLIGATION Based on positive law

NATURAL OBLIGATION Based on equity and natural law

Enforceable in courts of justice Not enforceable in the courts of justice • REQUISITES OF OBLIGATIONS 1. Juridical or legal tie — binds the parties to the obligation, and which may arise from either bilateral or unilateral acts of persons 2. Active subject — obligee or creditor, who can demand the fulfillment of the obligation 3. Passive subject — obligor or debtor, against whom the obligation is juridically demandable 4. Fact, prestation or service — constitutes the object of the obligation • GR: Form in which the obligation is manifested is not an essential requisite • EXCPN: It is only in obligations arising from certain contracts that it becomes essential • Classification of Obligations 1. As to Juridical Quality a. Natural - in accordance with natural law b. Civil - in accordance with civil law c. Mixed - in accordance with both natural and positive law 2. As to Parties a. Unilateral, only one party is bound; Bilateral, where both parties are mutually or reciprocally bound b. Individual, only one obligor; Collective, there are several obligors - Latter may be Joint, when each obligor is liable only for his proportionate share of the

Abesamis, Austinne Joyce

obligation, or Solidary, when each obligor may be held liable for the entire obligation 3. As to Object a. Determinate, object is specific; Generic, object is designated by its class or genus b. Simple, only one undertaking; Multiple, several undertakings - Latter may be Conjunctive, when all undertakings are demandable at the same time; Distributive, only one undertaking our of several is demandable - Distributive obligations may be Alternative, obligor is allowed to choose one out of several obligations which may be due and demandable, or Facultative, obligor is allowed to substitute another obligation for one which is due and demandable c. Positive, obligor is obliged to give or do something; Negative, obligor must refrain from giving or doing something d. Real, obligation consists in giving something; Personal, obligation consists in doing or not doing something e. Possible, capable of fulfillment in nature as well as in law; Impossible, not capable of fulfillment either in nature or in law f. Divisible, susceptible of partial performance; Indivisible, not susceptible of partial performance g. Principal, main undertaking; Accessory, merely an undertaking to guarantee fulfillment of the principal 4.

As to Perfection and Extinguishment a. Pure - obligation is not subject to any condition or term and is immediately demandable b. Conditional - may be Suspensive, the happening or fulfillment of the condition results in the birth of the obligation; Resolutory, the happening or fulfillment of the condition results in the extinguishment of the c.

obligation With a term or period ( a plazo) - when obligation is subject to a term or period which may be Suspensive or from a day certain, in which case it is demandable only upon the expiration of the term; Resolutory or to a day certain, in which case the obligation terminates upon the expiration of the term

ART. 1157 • Sources of Obligation ART. 1158 • Unlike other obligations, those derived from law can never be presumed • There is always a concurrence between the law which establishes or recognizes it and an act or condition upon which the obligation is based or predicated • LAW IS THE SOURCE OF OBLIGATION - when the law establishes the obligation and the act or condition upon which it is based is nothing more than a factor for determining the moment when it becomes demandable • ACT IS THE SOURCE OF OBLIGATION, NOT THE LAW when the law merely recognizes or acknowledges the existence of an obligation generated by an act which may constitute a contract, quasi-contract, criminal offense or quasi-delict and its only purpose is to regulate such obligation

1

Civil Law: Obligations and C ART. 1159 • CONTRACT is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305) • CONSENSUAL CONTRACTS, once perfected, has the force of law binding the parties to comply therewith in good faith, where neither one may renege therefrom without the consent of the other - Contracts that are perfected by mere consent • REAL CONTRACTS, such as deposit, pledge and commodatum, which are not perfected until the delivery of the object of the obligation • RECIPROCAL OBLIGATIONS are those where the parties are mutually or reciprocally obliged to do or to give something • UNILATERAL OBLIGATIONS are those where only one of the parties, the obligor, is obliged to do or to give something • “Compliance in good faith” - performance in accordance with the stipulations, clauses, terms and condition of the contract ART. 1160 • Art. 2142 • NEGOTIORUM GESTIO - juridical relation which arises whenever a person voluntarily takes charge of the agency of management of the business or property of another without any power or authority from the latter • SOLUTIO INDEBITII - juridical relation which arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it ART. 1161 • GR: Every person liable for a felony is also civilly liable • Independent civil action - Arts. 31, 32, 33, 34 and 2177 NCC • Criminal and civil actions arising from the same offense may be instituted separately - But AFTER criminal action has been commenced, civil action CANNOT be instituted until final judgment has been rendered in the criminal action • Civil action has been filed BEFORE criminal action, and the criminal action is subsequently commenced - Civil action is SUSPENDED in whatever stage it may be found until final judgment in criminal action has been rendered - However, if no final judgment has been rendered in the civil action, the same may be consolidated with the criminal action • Extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil might aries did not exist • Only the civil liability arising from the offense charged is deemed instituted with the criminal unless the offended party waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to the criminal action

- Where the law grants to the injured party the right to institute a civil action which is entirely separate and distinct from the criminal action ART. 1162 • Quasi-delicts refer to all of those obligations which do not arise from law, contracts, quasi-contracts or criminal offenses • Art. 2176; Art. 2180 • REQUISITES OF LIABILITY 1. Fault or negligence of the defendant 2. Damage suffered or incurred by the plaintiff 3. Relation of cause and effect between the fault or negligence of the defendant and the damage by the plaintiff QUASI-DELICTS Only of private concern

CRIMES Affect public interest

N C C b y m e a n s o f Penal Code punishes or indemnification, merely corrects the criminal act repairs damages incurred Only one civil liability

Generally, there are two liabilities: civil and criminal

Includes all acts in which any Not as broad because crimes kind of fault or negligence are punished only if there is a law clearly covering them intervenes • Art. 2176, where it refers to fault or negligence, covers not only acts not punishable by law but also acts criminal in character, whether intentional or voluntary or negligent • Civil liability arising from crime or culpa criminal and the liability arising from civil negligence or culpa aquiliana can be prosecuted separately and independently of each other - But Art. 2177 precludes recovery of damages twice for the same negligent act or omission • Death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from delict

• GR: Civil action to recover damages from the person criminally liable is not independent from the criminal action • EXCPN: Where civil action to recover damages is entirely separate and independent from the criminal action, although the act or omission which is the basis thereof may be a criminal offense - Where the civil action is based on an obligation not arising from the act or omission complained of as a criminal offense or felony CHAPTER 2 NATURE AND EFFECT OF OBLIGATIONS

Abesamis, Austinne Joyce

ART. 1163 - ART. 1166 • Obligations To Give

2

Civil Law: Obligations and C 1. 2.

Determinate Generic or Indeterminate

• The time when the obligation to deliver the thing and the fruits arise depends upon the nature of the obligation itself - In case it arises from law, quasi-contracts, criminal offenses and quasi-delicts, the obligation to deliver arises from the time designated by the provisions of the NCC or of special laws creating or regulating them - If it arises from contracts, the obligation to deliver arises, as a GR, from the moment of the perfection of the contract • PERSONAL RIGHT is a right pertaining to a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do - a jus ad rem, a right enforceable only against a definite person or group of persons • REAL RIGHT is a right pertaining to a person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced

- a jus in re, a right enforceable against the whole world • Before delivery in obligations to give, creditor has merely a personal right against the debtor; once the thing and the fruits are delivered, creditor acquires a real right over them • Person does not acquire a real right or right of ownership over the land and the fruits thereof, until the same have been delivered to him - Ownership of the thing sold shall be transferred to the vendee only upon the actual or constructive delivery thereof • If the obligation to give is DETERMINATE, rights of the CREDITOR are: 1. To compel specific performance - Creditor may compel debtor to make delivery - If debtor does not comply with his obligation, remedy of the creditor is to file an action against the debtor to compel specific performance - Mere pecuniary inability to fulfill an engagement does not discharge the obligation, nor does it constitute any defense to a decree for specific performance 2. To recover damages for breach of the obligation - Right to recover damages in case of breach of obligation through delay, fraud, negligence or contravention of the tenor thereof • Above remedies are not incompatible with each other • If the obligation to give is GENERIC, rights of the CREDITOR are: 1. To ask performance of the obligation - Creditor can only ask for the delivery of a thing or object belonging to the class or genus stipulated which must be neither of superior nor inferior quality - Creditor cannot compel specific performance by demanding the delivery of the thing or object of superior quality 2. To ask that the obligation be complied with at the expense of the debtor 3. To recover damages for breach of the obligation • If the obligation to give is DETERMINATE, the obligations of the DEBTOR are:

Abesamis, Austinne Joyce

1.

2.

3. 4.

To perform the obligation specifically - Debtor binds himself to deliver to the obligee or creditor a thing or object which is particularly designated or physically segregated from all other of the same class To take care of the thing with the proper diligence of a good father of a family - Accessory obligation provided for in Art, 1163 is applicable only to DETERMINATE obligations for the purpose of insuring efficacy and performance of the obligation - EXCPN: If the law or the parties stipulate another standard of care To deliver all accessions and accessories of the thing, even though they may not have been mentioned To be liable for damages in case of breach of the obligation by reason of delay, fraud, negligence or contravention of the tenor thereof - Liability does not arise if the breach is due to a fortuitous event; liability only extends to a breach which is voluntary in character - ONLY A DETERMINATE THING CAN BE DESTROYED BY A FORTUITOUS EVENT - AN INDETERMINATE OR GENERIC THING CAN NEVER PERISH - The rule provided for under par. 3, Art. 1165 is applicable only to obligations to give a determinate thing

• If the obligation to give is INNOMINATE or GENERIC, the obligations of the DEBTOR are: 1. To deliver a thing which is of neither superior nor inferior quality - In determination of the quality of thing which is to be delivered, the purpose of the obligation and other circumstances shall have to be takin into consideration 2. To be liable for damages in case of brach of the obligation by reason of delay, fraud, negligence or contravention of the tenor thereof - Includes obligation to reimburse all expenses incurred by the creditor in cases where the latter avails himself of the right to ask a third person to perform the obligation at the expense of the debtor - Art. 1263 is based on the maxim that the genus of a thing can never perish (genus nunquam peruit) • Art. 1174 is NOT applicable ART. 1167 • In POSITIVE PERSONAL OBLIGATIONS (to do), if the obligor fails to do that which he has obligated himself to do, obligee can have the obligation (1) performed or executed at the expense of the former, and at the same time, (2) demand for damages by reason of the breach • In obligations to do, the obligee does not posses the power to compel the obligor to comply with his obligation - Law recognizes the individual’s freedom or liberty to choose between doing that which he has promised to do and not doing it • It is a PERSONAL ACT (acto personalismo) which the courts may not compel compliance as it is considered an act of violence to do so - Remedy is to have the obligation performed or executed at the expense of the obligor • BUT! The remedy CANNOT be availed of when such prestation consists of an act where the personal

3

Civil Law: Obligations and C and special qualification of the obligor is the PRINCIPAL MOTIVE for the establishment of the obligation - In such case, there is no other remedy except to proceed against the obligor for damages • If there has been a performance of the obligation, but in contravention of the tenor thereof, the rights of the OBLIGEE are: 1. To have the obligation performed or executed at the expense of the obligor; 2. To ask that what has been poorly done be undone; and 3. To recover damages because of breach of the obligation ART. 1168 • In NEGATIVE PERSONAL OBLIGATIONS (not to do), the object of the obligation is fulfilled or realized so long as that which is forbidden is not done by the obligor • If the obligor DOES what has been forbidden him, the remedies of the obligee are: 1. To have it undone at the expense of the obligor - However, there are certain instances when this remedy is not available such that the consequences contrary to the object of the obligation will have been produced which are permanent in character, and where it would be physically or legally impossible to undo what has been undone because of the very nature of the act itself, or because of a provision of law, or because of conflicting rights of third persons 2. To ask for damages • In obligations not to do, delay or mora is not possible because the obligation is either fulfilled or not fulfilled ART. 1169 - ART. 1173 • In general, breach of an obligation may either be voluntary or involuntary - VOLUNTARY if the debtor/obligor in the performance of his obligation is guilty of default, or fraud, or negligence, or in any manner contravenes the tenor thereof - INVOLUNTARY if he is unable to comply because of an event which cannot be foreseen, or which, though foreseen, was inevitable • DEFAULT or mora signifies the idea of delay in the fulfillment of an obligation with respect to time - Three kinds of default: 1. Mora solvendi - delay of the obligor to perform his obligation 2. Mora accipiendi - delay of the obligee or creditor to accept the delivery of the thing which is the object of the obligation 3. Compensatio morae - delay of the parties or obligors in reciprocal obligations Requisites in order that obligor or debtor may be considered in default 1. Obligation is demandable and already liquidated; 2. Obligor/debtor delays performance; and 3. Creditor requires the performance judicially or extrajudicially

Abesamis, Austinne Joyce

• In Positive obligations, obligor incurs in delay from the time the obligee DEMANDS, judicial or extrajudicial, from him the fulfillment of the obligation - If the obligor fails to fulfill or perform his obligation, he is in mora solvendi • Demand is NOT NECESSARY in the following cases 1. When the obligation or law expressly so declares - Art. 1788 2. When from the nature and circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract - Designation of time is of fundamental importance in the fulfillment of the obligation; TIME ELEMENT IS THE ESSENCE OF THE CONTRACT 3. When demand would be useless, as when the obligor has rendered it beyond his power to perform • Obligor CANNOT possibly incur delay in negative obligations • RECIPROCAL OBLIGATIONS are created or established at the same time, out of the same cause, and which result in mutual relationships of creditor and debtor between the parties - Conditional in the sense that fulfillment of an obligation by one party depends upon the fulfillment of the obligation by the other - GR: Fulfillment by both parties should be SIMULTANEOUS or at the SAME TIME - If neither party complies or is ready to comply with what is incumbent upon him, the default of one compensates for the default of the other — there can be NO legal delay • Once obligor/debtor has incurred in delay, he can be held liable for damages - ***Liability subsists even if the thing which constitutes the object of the obligation may have been lost or destroyed through a fortuitous event • FRAUD or dolo consists in the conscious and intentional proposition to evade the normal fulfillment of an obligation - This fraud is present during the PERFORMANCE of an obligation - Must not be confused with Causal or Incidental fraud which is present at the time of the BIRTH of an obligation - CIVIL FRAUD may be classified into: 1. Fraud in the performance of an obligation 2. Fraud in the constitution or establishment of an obligation Fraud in the Fraud in the CONSTITUTION or PERFORMANCE of an ESTABLISHMENT of an obligation obligation Present only during the Present only at the time of the performance of a pre-existing birth of an obligation obligation Purpose is to evade the normal Purpose is to secure the fulfillment of an obligation consent of the other party to enter into the contract Results in nonfulfillment or breach of the obligation

Results in vitiation of consent of the party upon whom it is employed

4

Gives ...