Law on Obligations PDF

Law on Obligations Atty. Ace Amulong  I. Nature of Obligations Topics II. Different Kinds of Obligations III. Extinguishment of Obligations  § Latin § ob = to obligare § ligare = to bind § “to bind”  CIVIL Obligations...

Law on Obligations Atty. Ace Amulong  I. Nature of Obligations Topics II. Different Kinds of Obligations III. Extinguishment of Obligations  § Latin § ob = to obligare § ligare = to bind § “to bind”  CIVIL Obligations NATURAL  CIVIL Obligations NATURAL  An obligation is a juridical necessity Definition to give, to do, or not to do. –– Article 1156, Civil Code of the Philippines  An obligation is a juridical necessity Definition to give, to do, or not to do. –– Article 1156, Civil Code of the Philippines  § 1. Juridical Tie or vinculum juris § 2. Object or prestation (to give, to do, or not to do) Requisites § 3. Active Subject (obligee/creditor) § 4. Passive Subject (obligor/debtor)  1. Law 2. Contracts Sources 3. Quasi-Contracts 4. Delict 5. Quasi-Delicts  § 1. Obligation to give § Purpose: 1. to transfer ownership 2. to transfer mere Effects of possession Obligation § Things to be delivered: generic things or determinate/specific things  Things to be § 1. Generic things – (ex. 5 mangoes, 1 sack of rice) delivered in an § 2. Determinate or specific things – particularly designated (car with Plate No. ABC 888) obligation to give  § 1. PRINCIPAL OBLIGATION – give the determinate thing Obligations that § 2. ACCESSORY OBLIGATION – deemed included are included in - obligation to take care of the thing to be delivered obligation to give with the diligence of a good father of a family a determinate - obligation to deliver the accessions and accessories thing - obligation to deliver the fruits from the moment the obligation to deliver arises Effects of Failure § 1. Liability for damages to Exercise Due § 2. Liable even if there was fortuitous event. Diligence  Remedies of the § 1. Action for Specific Performance Obligee/Creditor in Obligation to Give a § 2. Action for Damages Determinate Thing  Remedies in § 1. Specific performance Obligation to § 2. Substitute performance Deliver a § 3. Action for damages Generic Thing  1. Total failure to do – activity shall be performed at the debtor’s cost (ex. House painting – debtor will pay someone to paint the house instead - if only debtor can perform, the remedy is to recover Remedies of damages Obligee/Creditor in case of failure 2. If not done in the tenor of the obligation, creditor can of have it done by somebody else at debtor’s expense Obligations to Do 3. Failure to do correctly or performing the obligation poorly – 1. creditor can have it undone and done by somebody else at the expense of the debtor Remedies of the 1. If debtor did what he was obliged not to do – to be Obligee/Creditor undone at the expense of debtor. in 2. If debtor did what he was obliged not to do but is Obligations impossible to undo – debtor liable for damages. Not to Do  1. Identity of Obligations – complied with precisely Performance of 2. Integrity of Obligations – compliance must be the Obligation complete Breach of 1. If there was non-compliance or Obligations 2. Compliance is without identity or integrity  1. Fraud Modes of 2. Negligence Breaching the 3. Delay Obligation 4. Any manner that contravenes the tenor thereof  Effect of § Liable for damages. Non-Performance  1. Perfected contract Requisites of 2. Breach by obligor/debtor Action for 3. Damages obtained by oblige/creditor due to such Damages breach  1. The obligation is positive – to give or to do. Requirements 2. The obligation is demandable and liquidated. Before Debtor can 3. The obligor delays for reasons imputable to him. be Considered in 4. There must be demand whether judicial or Delay extrajudicial. Breach through § Deliberate intention to cause damage Fraud  § Is the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the Breach through place Negligence § 1. Culpa Aquiliana (civil negligence) § 2. Culpa Contractual (contractual negligence) § 3. Criminal Negligence  § 1. Independent of the human will § 2. Impossible to foresee § 3. Occurrence must render it impossible for debtor to Fortuitous Event fulfill obligation § 4. Obligor free from any participation in the aggravation of the injury resulting to the creditor  § 1. There is an agreement that the interest shall be earned. Liability to § 2. The agreement that interest shall be due shall be expressly stipulated in writing. Pay Interest § 3. The rate of interest must not be usurious or excessive or unconscionable.