OBLICON Chapter 1-2 PDF

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CHAPTER 1o Obligation – a juridical necessity to give, to do, or not to do. o Requisites of an obligation:  Passive subject – person who is bound to fulfill the obligation (debtor).  Active subject – person who is entitled to demand the fulfillment of the obligation (creditor).  Object or prestat...

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CHAPTER 1 o Obligation – a juridical necessity to give, to do, or not to do. o Requisites of an obligation: Passive subject – person who is bound to fulfill the obligation (debtor).  Active subject – person who is entitled to demand the fulfillment of the obligation (creditor).  Object or prestation – subject matter of the obligation.  Juridical or legal tie – binds or connects the parties to the obligation. Kinds of obligations – subject matter)  Real obligation – obligation to give  Personal obligation – obligation to do or not to do  Positive personal obligation – to do or to render service  Negative personal obligation – not to give Article 1157. Obligations arise from:  Law – imposed by the law itself  Contracts – arise from stipulation of the parties  Quasi-contact – a juridical relation resulting from lawful, voluntary, and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.  Delicts – arises from civil liability which is the consequence of a criminal offense.  Quasi-delicts – arises from damage cause to another through an act or omission, but no contractual relation exists between the parties Article 1158. Obligations derived from law are not presumed. Legal obligations – obligations arising from law; not presumed because they are considered a burden upon the obligor. 

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o Contractual obligations – obligations arising from contracts or voluntary agreements. o Compliance in good faith – compliance or performance in accordance with the stipulations or terms of the contract or agreement. o Kinds of quasi-contacts  Negotiorum gestio – voluntary management of the property or affairs of another without the knowledge or consent of the latter.  Solution indebiti – created when something is received when there is no right to demand it and it was unduly delivered through mistake. o Requisites of quasi-delict  There must be an act or omission  There must be fault or negligence  There must be damaged caused  Direct relation or connection of cause and effect between the act and damage  No pre-existing contractual relation between parties CHAPTER 2 o Specific or determinate thing  Particularly designated or physically segregated others of the same class.  The debtor cannot substitute it with another unless with the consent of the creditor. o Generic or indeterminate thing  Refers only to a class or genus to which it pertains and cannot be pointed out with particularity.  The debtor can give anything of the same class as long as it is of the same kind o Duties of debtor in obligation to give a determinate thing  Preserve the thing – the obligor has the incidental duty to take care of the thing due

Diligence of a good father of a family – equated with ordinary care  Another standard of care – the law or stipulation of the parties provides for another standard of care.  Factors to be considered – the diligence required depends upon the nature of the obligation and the circumstances.  Reasons for debtor’s obligation  Deliver the fruits of the thing  Deliver the accessions and accessories  Deliver the thing itself  Answer for damages in case of nonfulfillment or breach Duties of debtor in obligation to deliver a generic thing  To deliver a thing which is of quality  To be liable for damages in cause of fraud, negligence, or delay Different kinds of fruits  Natural fruits – spontaneous products of the soil, the young, and other products of animals.  Industrial fruits – produced by lands through human labor.  Civil fruits – derived from virtue of juridical relation (money). Article 1164. The creditor has the right to the fruits of the thing from the time of obligation to deliver it arises. However, he shall acquire no real right it until the same has been delivered to him. Personal right – the creditor’s right to demand from a debtor (as a definite passive subject), the fulfillment of the obligation Real right – right or interest of a person over a specific thing (without a definite passive subject) against whom the right may be personally enforced 

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o “he shall acquire no real right over it until the same has been delivered to him.” o Article 1165. If what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery. o Article 1165. If the thing is indeterminate, he may ask that the obligation be complied with at the expense of the debtor. o Specific real obligation – obligation to deliver a o o

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determinate thing Specific real obligation – obligation to deliver a generic thing When the debtor delays or has promised to deliver to separate creditors:  He shall be responsible for fortuitous events until he has effected the delivery Article 1166. The obligation to give a determinate thing includes delivering all its accessions and accessories, even though they may not have been mentioned. Accessions – fruits of a thing or additions or improvements upon a thing Accessories – joined to or included with the principal thing Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. If the debtor fails to comply with his obligation to do, the creditor has the right:  To have the obligation performed by himself or by others, at the debtor’s expense.  Recover the damages An obligation can be performed by a third person. Article 1168. When an obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169. Those obliged to deliver or to do something incur in delay from the time the oblige juridically or extra juridically demands from the fulfillment of their obligation.

Demand of the creditor shall not be necessary in order that delay may exist:  When the obligation or law declares so  The nature and circumstance of the obligation was a controlling motive for the establishment of the contact  Demand would be useless o Ordinary delay – the failure to perform an 

obligation on time. o Legal delay (mora) – the failure to perform an obligation on time which failure constitutes a breach of the obligation. o Kinds of delay  Mora solvendi – the delay on part of the debtor to fulfill his obligation.  The debtor is guilty of breach or violation of the obligation  Liable to the creditor for interest  Liable for a fortuitous event when the obligation is to deliver a derterminate thing  Mora accipiendi – the delay on part of the creditor to accept the performance of the obligation.  The creditor is guilty of breach of obligation  Liable for damages suffered by the debtor  He bares the risk of loss of the thing due  Debtor is not liable for interest from the time of creditor’s delay  Debtor may release himself from the obligation by the consignation or deposit in court of the thing or sum due  Compensation morae – the delay of the obligor cancels the delay of the oblige, and vice versa. o Requisites of delay or default by the debtor

Failure of the debtor to perform his positive obligation on the date agreed upon.  Demand made by the creditor upon the debtor to comply with his obligation.  Failure of the debtor to comply with such demand. o When demand is not necessary to put debtor in delay:  When the obligation so provides (“without the need of any demand”)  When the law so provides  When time is of the essence  The debtor should be fully aware that the performance of the obligation after the designated time would no longer benefit the creditor  When the demand would be useless  When there is performance by a party in reciprocal obligations o Article 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, are liable for damages. o Grounds for liability 

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Fraud (deceit or dolo) – dishonest practice or deception in an obligation  Incidental fraud (dolo incidente) – fraud existing at the time the obligation was created.  Casual fraud (dolo causante) – fraud that existed after the obligation was created. Negligence (fault or culpa) – the failure to observe for the protection of the interest of another person, that degree of care, precaution and vigilance which the circumstance justly demand, whereby such other person suffers injury.  Culpa Aquiliana – quasi-delicts  Culpa Contractual – contractual negligence Delay (mora) – failure to deliver an object on time.

Contravention of the terms of the obligation – violence of the terms and conditions stipulated in the obligation, must not be due to fortuitous events or force majeure. Article 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. Article 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. In determining whether there is negligence present in the situation, the following must be considered:  Nature of the obligation  Circumstances of the person, time, and place Article 1174. Except in cases expressly specified by the law, the stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for this events which could not be foreseen, or which, though foreseen, were inevitable. Fortuitous events – events which cannot be seen, or which though foreseen, is inevitable  Ordinary – events which are common and which the contradicting parties could reasonably have foreseen.  Extra-ordinary – events which are uncommon and which the contradicting parties could not have reasonably foreseen.  Act of man  Acts of God Requisites of a fortuitous event

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Event must be independent of the human will/ debtor’s will Could not be foreseen, inevitable The fortuitous event must have affected the obligation where the obligation can’t be delivered anymore.

The debtor must be free from any participation in the aggravation of the injury or loss Article 1175. Usurious transactions shall be governed by special laws. Usury – contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels, or credits. Article 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the assumption that said interest has been paid. Presumption – the inference of a fact not actually known arising from its usual connection with another which is known or proved  Conclusive – one which cannot be contradicted.  Disputable – one which can be contradicted or rebutted by presenting proof of the contrary. Article 1178. Subject to the laws, all rights acquired to the virtue of an obligation are transmissible, if there has been no stipulation to the contrary.  All rights acquired by a person by virtue of an obligation is fully transferrable to another person provided that:  The law says otherwise  The stipulation says otherwise 

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