ObliCon Reviewer DOCX

Title	ObliCon Reviewer
Author	Tommy Ong
Pages	6
File Size	41.6 KB
File Type	DOCX
Total Downloads	41
Total Views	172

Summary

OBLIGATION – juridical necessity to give, to do or not to do 2. Fraud/dolo 3. Negligence/culpa 4 ELEMENTS OF OBLIGATION 4. Contrary to terms of obligation 1. ACTIVE SUBJECT (creditor/obligee) – whose obligation is constituted 1. DEFAULT/MORA – delay 2. PASSIVE SUBJECT (debtor/obligor) – has duty to ...

Description

OBLIGATION – juridical necessity to give, to do or not to do 4 ELEMENTS OF OBLIGATION 1. ACTIVE SUBJECT (creditor/obligee) – whose obligaton is consttuted 2. PASSIVE SUBJECT (debtor/obligor) – has duty to give, to do or not to do 3. OBJECT/PRESTATION – subject mater 4. JURIDICAL/LEGAL TIE (vinculum/efcient cause) – reason CIVIL OBLIGATION NATURAL OBLIGATION derived from positve law derived from equity & justce enforceable by court acton not enforceable by court acton 5 SOURCES OF OBLIGATION 1. LAW 2. CONTRACTS 3. QUASI-CONTRACTS – arise from lawful, voluntary acts; no one shall be unjustly enriched... 2Kinds a. Soluto indebit – something received (delivered on a mistake), no right to demand it b. Negotorum gesto – voluntary mgt of property/afairs of another w/o his knowledge/consent 4. QUASI-DELICT/TORTS/CULPA AQUILIANA – arise from damage; fault/negligence 5. CRIMES/ACTS/OMISSIONS punished by law – arise from civil liability that is a consequence of a criminal ofense DILIGENCE OF A GOOD FATHER OF A FAMILY - care need to be exercised by a debtor to deliver/give determinate thing Exception: When law/stpulaton of partes requires a difernt standard of care (slight/extraordinary diligence). When creditor is entitted to the fruits Rute: The creditor has personal right (right to ask for delivery) from the tme the obligaton to deliver arises. But NO real right (right enforceable against the whole world) untl it is delivered. 3 KINDS OF FRUITS 1. NATURAL – w/o human interventon 2. INDUSTRIAL – w/ human interventon 3. CIVIL – derived by virtue of juridical relaton Creditor's rights if debtor faits to compty w/ the obtigation 1. Determinate a. Performance b. Damages 2. Generic a. Performance b. Damages c. Obligaton be complied at debtor's expense Creditor's rights if debtor does in contravention 1. Damages 2. Ask it be UNDONE at debtor's expense FORTUITOUS EVENT – cannot be foreseen, if foreseen, inevitable Generat Rute: No person liable to fortuitous event. Exceptions: 1. Law states 2. Stpulaton/contract states 3. Assumpton of risk 4. Delay 5. Debtor promises deliver to 2/more persons who do not have same interest (bad faith) EFFECTS OF FORTUITOUS EVENT to thing to be detivered - extnguish the obligaton if determinate; generic does not extnguish the obligaton 3 MISCELLANEOUS RULES ON PERFORMANCE OF OBLIGA-TION 1. When to deliver determinate, accessions (additons/ improvements) and accessories (joined/included with the principal) are INCLUDED even not mentoned. 2. If debtor fails to do, it shall be DONE AT HIS EXPENSE, same with doing the contraventon; poorly done be undone. 3. In obligaton not to do, and obligor does what is forbidden, shall be UNDONE AT HIS EXPENSE. 4 GROUNDS; debtor tiabte for damages 1. Default/mora 2. Fraud/dolo 3. Negligence/culpa 4. Contrary to terms of obligaton 1. DEFAULT/MORA – detay 3kinds a. Mora solvendi – debtor's delay to give (real ob.), to do (personal ob.) b. Mora accipiende – creditor's delay to accept c. Compensato Morae – delay of both in reciprocal obligaton CONCEPT OF DELAY Generat Rute: No demand, No delay Exceptions: 1. Law states 2. Obligaton states 3. Time is the essence 4. Demand be useless if delay 5. Debtor guilty of delay EFFECTS OF DELAY 1. Damages 2. When to deliver determinate thing, STILL LIABLE in fortuitous event. 2. FRAUD/DOLO – conscious, deliberate, intentonal evasion of fulfillment 2Kinds a. Dolo causante/Causal fraud – fraud in obtaining consent; consent is defectve, contract is voidable. Remedy: annulment b. Dolo incidente/Incidental fraud – fraud w/c vitates consent. Remedy: damages 3. NEGLIGENCE/CULPA – voluntary act/omission; no bad faith intended 3Kinds a. Culpa aquiliana/Civil negligence – quasi-delict/torts b. Culpa contractual/Contractual negligence – breach c. Culpa criminal/Criminal negligence – crime/delict 4. Contrary to the terms of obtigation 2 RULES OF PRINCIPAL & INSTALLMENT 1. Receipt of principal w/o menton of interest, presumed interest is paid also. 2. Receipt of later installment w/o menton of prior installment, presumed prior installment is paid also. 4 SUCCESSIVE RIGHTS OF CREDITOR to satisfy ctaim against DEBTOR 1. Exact payment 2. Atach debtor's propertes 3. Accion subrogatoria – exercise rights & actons except inherent in person 4. Accion pauliana – cancel acts/contracts by debtor to defraud creditor TRANSMISSIBILITY OF RIGHTS Generat Rute: ALL RIGHTS are transmissible. Exceptions: 1. Law states 2. Contract states 3. Obligaton is purely personal 10 Kinds of Obtigation 1. Pure 2. Conditonal 3. Alternatve 4. Facultatve 5. Joint 6. Solidary 7. Divisible 8. Indivisible 9. Obligaton w/ a period 10. Obligaton w/ a penal clause 1. PURE OBLIGATION - w/o conditon, demandable at once (pure has resolutory conditon/period) 2. CONDITIONAL OBLIGATION - there is conditon in performance; future & uncertain 2Kinds a. Suspensive conditon – happening of conditon gives RISE to obligaton...