Obligations and Contracts

• Prestation involving doing or not doing refers to personal obligations.
• Prestation involving giving refers to real obligations.
• Before delivery, a creditor's right to the fruits is personal right.
• After delivery, a creditor's right to the fruits is real right.
• A right enforceable only against a definite person or group of persons, pertaining to demand fulfillment of a prestation, is a personal right.
• A right pertaining to a person over a specific thing, without a specific passive subject, is a real right.
• If the thing is determinate, the debtor's obligations include all except asking that what has been poorly done be undone.
• In positive personal obligations, the creditor/obligee's rights include all except to deliver all accessions and accessories.
• In negative personal obligations, the creditor/obligee's rights do include all except to deliver all accessions and accessories.
• Delay in fulfilling an obligation regarding time refers to default.
• Conscious and intentional proposition to evade normal fulfillment, implying malice or dishonesty, is fraud.
• Future fraud can be waived.

Real world example

• X enticed Y to buy a cell phone by fraudulently misrepresenting its value.
• X claimed the phone's market value was P50,000 but sold it to Y for P20,000, when it was only worth P10,000.
• Y sued X on the ground of causal fraud.
• Delivering a lesser quality of sugar than agreed upon, after trading the original for a lesser quality and earning extra, constitutes contravention of the tenor of the obligation, which is fraud
• Delivery was due on February 14, 2023, but was struck by lightning on the way, then the party is not held liable on the ground of fortuitous event
• Delivering a sack of ice at 5 PM for a birthday party scheduled for 3 PM constitutes default (delay).
• Default between both parties happens when neither has completed their part of a reciprocal obligation, compensatio morae occurs
• Demand is not necessary when any party incur default except when they do not incure default.
• Demand is not necessary in unilateral obligations when default occurs.
• Fulfilment of obligations in reciprocal obligations should be simultaneous.
• Acts or omissions punished by law is not a voluntary breach of obligation
• Dolo causante is the type of fraud that induces a party to enter into a contract.
• Negligence in a pre-existing contractual relationship is culpa contractual.
• An employer's liability is based on the principle that their employee's negligence is presumed to be the employer's negligence, aka culpa aquiliana.

Explore personal and real obligations, focusing on prestations, creditor's rights before and after delivery, and the nature of rights against specific persons versus rights over specific things. Covers debtor's obligations for determinate things, creditor's rights in positive and negative personal obligations, and consequences of delay. Also touches on the distinction between delay and conscious intent.