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Questions and Answers
What can Juan be held liable for if he fails to deliver after demand?
What can Juan be held liable for if he fails to deliver after demand?
Why can Pedro not ask for the car and the penalty at the same time?
Why can Pedro not ask for the car and the penalty at the same time?
How can obligations be extinguished according to Article 1232?
How can obligations be extinguished according to Article 1232?
What type of obligations does death extinguish?
What type of obligations does death extinguish?
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Under what circumstances does a fortuitous event exempt an obligor from liability?
Under what circumstances does a fortuitous event exempt an obligor from liability?
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What are the two general causes that can produce a fortuitous event?
What are the two general causes that can produce a fortuitous event?
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What is a pure obligation?
What is a pure obligation?
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Which of the following best defines a conditional obligation?
Which of the following best defines a conditional obligation?
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What characterizes an obligation with a period?
What characterizes an obligation with a period?
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In an indivisible obligation, why is the object of performance not susceptible to division?
In an indivisible obligation, why is the object of performance not susceptible to division?
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What makes an obligation divisible?
What makes an obligation divisible?
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Which type of obligation involves consequences that are subject to a condition?
Which type of obligation involves consequences that are subject to a condition?
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Which type of contract can subsist independently from other contracts?
Which type of contract can subsist independently from other contracts?
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Which type of contract requires not only the consent of the parties but also the delivery of the object by one party to the other for its perfection?
Which type of contract requires not only the consent of the parties but also the delivery of the object by one party to the other for its perfection?
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Which type of contract is established as a preliminary step toward the celebration of another subsequent contract?
Which type of contract is established as a preliminary step toward the celebration of another subsequent contract?
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Which classification of contracts does not require any particular form according to their form?
Which classification of contracts does not require any particular form according to their form?
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A contract for the rendition of a service falls under which category according to their purpose?
A contract for the rendition of a service falls under which category according to their purpose?
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What is necessary for an act to constitute a fortuitous event?
What is necessary for an act to constitute a fortuitous event?
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In what circumstances does the outbreak of war exempt a party from liability?
In what circumstances does the outbreak of war exempt a party from liability?
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In case of loss due to theft, why is the debtor considered negligent?
In case of loss due to theft, why is the debtor considered negligent?
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According to Article 1305, what are the essential elements of a contract?
According to Article 1305, what are the essential elements of a contract?
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What does a contract constitute according to Article 1305?
What does a contract constitute according to Article 1305?
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Why must the offer in a contract be certain according to Article 1305?
Why must the offer in a contract be certain according to Article 1305?
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Study Notes
Sources of Obligations
- There are two sources of obligations: law and contracts
- Obligations arising from quasi-contracts, crimes, and quasi-delicts are imposed by law
Contracts
- A contract is a meeting of minds between two persons where one binds themselves to give something or render a service
- Essential elements of a contract:
- Consent, manifested by the meeting of minds of the offer and acceptance
- Object certain, which is the subject matter of the contract
- Cause of the obligation, which is established
Quasi-Contracts
- Refers to a lawful, voluntary, and unilateral act based on the maxim that no one shall unjustly enrich at the expense of another
- Forms of Quasi-Contracts:
- Solutio indebiti – payment by mistake
- Negotiurum gestio – assuming the management of an abandoned business without the owner's consent
Quasi-Delict
- Any act or omission that causes damages to another, with fault or negligence, and no preexisting contractual relation between parties
- Also known as culpa aquiliana
Classification of Obligations
- Primary classification:
- Pure and conditional obligations (Art. 1179-1192)
- Obligations with a period (Art. 1193-1198)
- Alternative and facultative obligations (Art. 1199-1205)
- Joint and solidary obligations (Art. 1207-1222)
- Divisible and indivisible obligations (Art. 1223-1225)
- Obligations with a penal clause (Art. 1226-1230)
- Secondary classification:
- Unilateral and bilateral obligations (Art. 1169-1191)
- Real and personal obligations (Art. 1163-1168)
- Civil and natural obligations (Art. 1423)
- Legal, conventional, and penal obligations (Art. 1157, 1159, 1167)
Classification of Obligations - Primary
- Pure obligation: not subject to any condition, immediately demandable
- Conditional obligation: consequence subject to the fulfillment of a condition
- Obligation with a period: consequence subject to the expiration of a period or term
Classification of Obligations - Primary (continued)
- Divisible obligation: object of performance susceptible to division
- Indivisible obligation: object of performance not susceptible to division due to its nature or the intent of the parties
Modes of Extinguishing Obligations
- Obligations are extinguished by:
- Payment or performance
- Loss of the thing due
- Condonation or remission of the debt
- Confusion or merger of the rights of the creditor and debtor
- Compensation
- Novation
- Other causes of extinguishment of obligations:
- Annulment
- Rescission
- Fulfillment of a resolutory condition
- Prescription
Modes of Extinguishing Obligations (continued)
- Death extinguishes obligations which are purely personal in character
- Obligations may be extinguished by a fortuitous event or by the will of the parties
- Fortuitous event: extraordinary events not foreseeable or avoidable, such as natural disasters or human acts
Classification of Contracts
- According to perfection:
- Consensual contracts: perfected by the mere agreement of the parties
- Real contracts: require not only consent but also the delivery of the object
- According to form:
- Common contracts: require no particular form
- Special or formal contracts: require some particular form
- According to purpose:
- Transfer of ownership
- Conveyance of use
- Rendition of service
- According to subject matter:
- Things
- Services
- According to the nature of the vinculum which they produce:
- Unilateral and bilateral obligations
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Description
Test your knowledge on how obligations are extinguished in civil law according to Article 1232. Learn about payment, loss of the thing due, condonation, confusion, compensation, and novation.
