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Questions and Answers
What must the debtor be free from in relation to the injury to the creditor?
What must the debtor be free from in relation to the injury to the creditor?
Which obligation type is immediately demandable and not subject to any condition?
Which obligation type is immediately demandable and not subject to any condition?
In case of a determinate thing, what is the general effect of a fortuitous event on the obligation?
In case of a determinate thing, what is the general effect of a fortuitous event on the obligation?
What characterizes a conditional obligation?
What characterizes a conditional obligation?
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Which of the following is NOT an exception to the obligations of a debtor in a fortuitous event?
Which of the following is NOT an exception to the obligations of a debtor in a fortuitous event?
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When does an obligation with a period become demandable?
When does an obligation with a period become demandable?
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What defines a 'generic thing' in terms of obligation?
What defines a 'generic thing' in terms of obligation?
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What is the consequence when a pure obligation contains a resolutory condition?
What is the consequence when a pure obligation contains a resolutory condition?
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Which type of obligation allows for partial performance?
Which type of obligation allows for partial performance?
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What is the effect of a penal clause in an obligation?
What is the effect of a penal clause in an obligation?
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What characterizes a potestative condition?
What characterizes a potestative condition?
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What is the primary effect of fulfilling a suspensive condition in personal obligations?
What is the primary effect of fulfilling a suspensive condition in personal obligations?
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What is the standard of care a debtor must exercise in the obligation to give a determinate thing?
What is the standard of care a debtor must exercise in the obligation to give a determinate thing?
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What must a debtor deliver alongside the determinate thing, according to the duties of obligation?
What must a debtor deliver alongside the determinate thing, according to the duties of obligation?
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In obligations with a term, who holds the right to demand performance before the period expires when the term benefits the creditor?
In obligations with a term, who holds the right to demand performance before the period expires when the term benefits the creditor?
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What happens when a resolutory condition is fulfilled in real obligations?
What happens when a resolutory condition is fulfilled in real obligations?
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What happens if the creditor fails to fulfill their obligation?
What happens if the creditor fails to fulfill their obligation?
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What is true regarding a period in an obligation?
What is true regarding a period in an obligation?
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What is the outcome of the delivery of ownership in obligations?
What is the outcome of the delivery of ownership in obligations?
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What does 'accessions' refer to in the context of a debtor's obligation?
What does 'accessions' refer to in the context of a debtor's obligation?
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What is the best example of a potestative condition?
What is the best example of a potestative condition?
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Which factor is NOT considered when determining the diligence required of the debtor?
Which factor is NOT considered when determining the diligence required of the debtor?
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In the case of obligations that benefit the debtor, what can they do if they want to perform their obligation early?
In the case of obligations that benefit the debtor, what can they do if they want to perform their obligation early?
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What is a characteristic of real obligations when a suspensive condition is fulfilled?
What is a characteristic of real obligations when a suspensive condition is fulfilled?
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What constitutes fraud in the context of obligations?
What constitutes fraud in the context of obligations?
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Which situation exemplifies Dolo Causante?
Which situation exemplifies Dolo Causante?
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What determines if a debtor is in legal delay?
What determines if a debtor is in legal delay?
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Which of the following is NOT an exception to the principle of 'No Demand, No Delay'?
Which of the following is NOT an exception to the principle of 'No Demand, No Delay'?
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Which type of diligence corresponds with the highest standard of care in obligations?
Which type of diligence corresponds with the highest standard of care in obligations?
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What must a contract contain for the obligation to be considered liquidated?
What must a contract contain for the obligation to be considered liquidated?
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In the situation described, if John was not able to pay on December 31, 2024, under what condition could he be considered in legal delay?
In the situation described, if John was not able to pay on December 31, 2024, under what condition could he be considered in legal delay?
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Which of the following best describes contravention of the tenor of the obligation?
Which of the following best describes contravention of the tenor of the obligation?
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What is the remedy for a creditor when a debtor fails to perform as agreed?
What is the remedy for a creditor when a debtor fails to perform as agreed?
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In which situation is the creditor not required to make a demand for performance to establish delay?
In which situation is the creditor not required to make a demand for performance to establish delay?
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Which of the following defines 'mora solvendi'?
Which of the following defines 'mora solvendi'?
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What is required for a debtor to be in 'mora solvendi'?
What is required for a debtor to be in 'mora solvendi'?
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Which of the following is a possible effect of 'mora solvendi'?
Which of the following is a possible effect of 'mora solvendi'?
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What should happen if an obligation consists of not doing something and the obligor does it?
What should happen if an obligation consists of not doing something and the obligor does it?
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What distinguishes 'mora accipendi' from 'mora solvendi'?
What distinguishes 'mora accipendi' from 'mora solvendi'?
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What is the consequence of a debtor not performing an obligation after a judicial demand?
What is the consequence of a debtor not performing an obligation after a judicial demand?
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What happens to the debtor's responsibility for loss if a determinate thing is lost due to a fortuitous event?
What happens to the debtor's responsibility for loss if a determinate thing is lost due to a fortuitous event?
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Which of the following is NOT a requisite for MORA ACCIPIENDI?
Which of the following is NOT a requisite for MORA ACCIPIENDI?
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What is the effect on the debtor when the creditor is in default to accept performance?
What is the effect on the debtor when the creditor is in default to accept performance?
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What is the consequence if fraud is committed by the debtor?
What is the consequence if fraud is committed by the debtor?
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Which statement correctly describes Dolo Causante?
Which statement correctly describes Dolo Causante?
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When does delay start for the party that has fulfilled their obligation in a reciprocal obligation?
When does delay start for the party that has fulfilled their obligation in a reciprocal obligation?
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In cases of compensation morae, what is the key condition for neither party to incur delay?
In cases of compensation morae, what is the key condition for neither party to incur delay?
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Which of the following expenses incurred by the debtor after a delay is chargeable to the creditor in MORA ACCIPIENDI?
Which of the following expenses incurred by the debtor after a delay is chargeable to the creditor in MORA ACCIPIENDI?
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Study Notes
Laws on Obligations and Contracts
- Obligations are juridical necessities to give, do, or not do. (Article 1156)
- Obligations referred to in Article 1156 are civil obligations.
Elements of Obligation
- Passive subject (Obligor/Debtor): The person obligated to fulfill the obligation.
- Active subject (Obligee/Creditor): The person who can demand fulfillment of the obligation.
- Prestation: The object of the obligation (to give, do, or not do).
- Juridical Tie (Vinculum): The unifying bond that binds the debtor and creditor.
Sources of Civil Obligations
- Law: Obligations arising from law are not presumed; only those explicitly determined by law are demandable.
- Contracts: A contract is a meeting of the minds whereby one person binds himself with respect to another to give something or render some service.
- Quasi-Contracts: Judicial relations arising from lawful, voluntary and unilateral acts to avoid unjust enrichment. Includes Solutio Indebiti (mistaken payment) and Negotiorum Gestio (taking charge of another's property).
- Delicts (Crimes): Acts or omissions punishable by law; any person criminally liable is also civilly liable for damages.
- Quasi-Delicts (Culpa Aquiliana): Acts or omissions that cause damage to another, with fault or negligence, without a pre-existing contractual relation. Requisites include damage suffered, fault/negligence of defendant, connection between fault/negligence and damage.
Determining the Source of Obligation
- Examples of situations and their potential sources of obligation are provided (loan, tax payments, transportation, receiving packages, assault).
Quasi-Delict Liability (Employer/Manager/Employee)
- General Rule: A person is only responsible for their own actions.
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Exceptions (Article 2180):
- Owners and managers of establishments are responsible for damages caused by their employees in the service of their branches, or on the occasion of their functions.
- Employers are liable for damages caused by their employees and household helpers acting within the scope of their assigned tasks.
- Other Considerations: Cases can be filed against the employer/manager even if the employee was the one actually committing the wrong. The employee must have been acting in the performance of his assigned tasks. The employer can defend themselves by proving diligence of a good father of a family to prevent damage.
- Case Example: Ramon, a truck driver, hit a car while reversing at a toll gate. He has impaired hearing but did not disclose it. Can the car owner sue the company?
Source of Damages
-
Fraud (Dolo): Deliberate and intentional evasion of the normal fulfillment of an obligation.
- Dolo Incidente: Fraud committed in the performance of an existing obligation. Damages may be claimed, but the obligation is not annulled.
- Dolo Causante: Serious fraud committed at the beginning of a transaction to induce another party to enter the contract. The contract is voidable, and damages may be claimed.
- Negligence (Culpa): Omission of diligence required by the nature of the obligation, considering the circumstances of the persons, time, and place. Two kinds of diligence: diligence of a good father of a family, utmost diligence.
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Delay (Mora): Non-fulfillment of obligation concerning time. Requisites include: obligation being demandable and liquidated; debtor delaying performance; creditor demanding performance.
- Exceptions to the NO DEMAND, NO DELAY rule include cases specified by law or when time is of the essence.
- Contravention of Tenor of Obligation: Failure to perform as stipulated in the obligation.
Damages That May Be Recovered
- Moral Damages: Compensatory damages to alleviate physical and mental suffering, anxiety, humiliation.
- Exemplary Damages: Corrective damages by way of example; imposed as additional to compensatory damages in cases of bad faith.
- Nominal Damages: Acknowledge that a right was violated but no actual financial loss occurred.
- Temperate Damages: Damages greater than nominal but less than compensatory; awarded when actual loss can't be proved due to uncertain circumstances.
- Actual Damages (compensatory): Damages awarded in satisfaction for loss or injury.
- Liquidated Damages: Damages agreed upon by parties for breach of a contract
Fortuitous Event (Case Fortuito)
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General Rule: Obligor is exempt from liability if cause of breach is a fortuitous event;
- Cause must be independent of the obligor's will.
- Event must be unforeseen or unavoidable
- Must prevent the obligor from fulfilling his obligation in a normal manner
- Obligor must have been free from participation in or aggravation of injury.
-
Exceptions:
- Expressly specified in the law/contract
- Nature of obligation requires risk assumption
- Debtor is guilty of fraud, negligence, delay, or contravenes the tenor of obligation.
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Effect:
- Determinate Thing: Obligation is extinguished
- Generic Thing: Obligation isn't extinguished.
Different Kinds of Obligations
- Pure Obligation: No condition/time specified, immediately demandable.
- Conditional Obligation: Performance depends on a future/uncertain event (suspensive or resolutory).
- Obligation with a Period: Performance depends on a future/certain event (e.g. a specified date.)
- Alternative Obligation: Debtor has choice among several prestations.
- Facultative Obligation: One prestation due, but debtor may substitute with another.
- Joint Obligation: Debtor/creditor is liable for proportionate part, unless otherwise stipulated.
- Solidary Obligation: Each of the debtors or creditors is liable for entire obligation.
Delivery of the Thing (Art. 1164)
- Ownership is acquired through delivery
- Real Tradition (actual delivery)
- Constructive Tradition (representative/symbolic delivery) Methods include:
- Keys, titles
- Instrument of conveyance (document)
- Pointing of object
- Tradicion Brevi Manu (continuous possession)
- Tradicion Constitutum (continuous possession transferred with title of ownership)
Rights of Creditors
- Determinate Things: Creditor can demand specific performance, rescission/cancellation, or damages only.
- Generic Things: Creditor can demand performance or damages, and creditor can choose if third party delivers.
Obligations to Do (Art. 1167)
- If obligor fails to do what they are obliged to do, the same shall be executed at their cost.
- If they perform incorrectly or contrary to the obligation, the incorrectly performed actions must be corrected at their cost.
- Remedies for creditor include specific performance, damages or undoing if possible.
Obligations Not to Do (Art. 1168)
- If obligor does what has been forbidden, what was done shall be undone at their cost.
Delay (Mora)
- Obligation to deliver or do something incurs delay from time of judicial demand.
- Exceptions to the "No demand, no delay" rule include:
- Expressly stated in obligation
- Time of the essence of contract
- Demand rendered useless
- Kinds of delay: Mora solvendi (debtor's delay), mora accipiendi (creditor's delay), compensatio morae (delay on both sides)
Mora Solvendi (Debtor's Delay)
- Requisites: a) Obligation pertains to debtor; b) Obligation is determinate, due, demandable, and liquidated; c) Obligation isn't performed on maturity date; d) Judicial(or extra-judicial) demand by creditor; e) Failure to comply with demand
- Effects: Damages; if specific thing is lost, debtor bears risk of loss, even due to fortuitous event. Rescission/resolution of obligation.
Mora Accipiendi (Creditor's Delay)
- Requisites: a) Capacitated debtor makes the offer; b) Offer is to comply in the way the prestation should be done; c) Creditor refuses without justifiable reason.
- Effects: Responsibility for loss due to fortuitous event falls on creditor; creditor is liable for damages; debtor may relieve obligation through deposit/consignment.
Compensatio Morae (Delay on Both Sides)
- Delay in both debtor and creditor in reciprocal obligations
- Neither party is initially in delay unless other party fulfills their portion of the obligation.
Fraud (Dolo)
- Deliberate or intentional act to evade obligation.
- Waiver of future fraud is invalid
- Existing fraud does not make the contract voidable, creditor can pardon the fraud by disregarding it.
Dolo Causante v. Dolo Incidente
| Dolo Causante | Dolo Incidente | |
|---|---|---|
| Timing | Occurs before or simultaneously with creation of obligation | Occurs after valid execution of contract |
| Effect on Contract | Vitiates consent, making contract voidable | Does not affect contract's validity but entitles to damages |
Examples Analysis
- Case studies of various obligations are provided, highlighting the applicable principles.
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Description
This quiz explores the fundamental concepts of obligations and contracts, focusing on the key elements that define them, such as the passive and active subjects, prestation, and the juridical tie. It also delves into the sources of civil obligations, including laws, contracts, and quasi-contracts. Test your understanding of these crucial legal principles.
