Obligations and Law PDF

Article 1231 – obligations are extinguished:  Period – a future & certain event 1. Payment or Performance – payment means not only the  Damages – refers to the sum of money, compensation, d...

Article 1231 – obligations are extinguished:  Period – a future & certain event 1. Payment or Performance – payment means not only the  Damages – refers to the sum of money, compensation, delivery of money but also the performance, in any other which the law or court imposes if there is breach or violation manner, of an obligation (Kinds of Damages) 2. The Loss of the thing due – obligation which consists in the delivery of a determinate thing shall be extinguished if it 1. Actual Damages – kind of damages given to the plaintiff or should be lost or destroyed w/o the fault of the debtor complainant due to loss of his/her income due to injuries 3. Condonation or Remission of the Debt – essentially suffered, fees, & filing of cases gratuitous and requires the acceptance by the obligor / 2. Moral Damages – award given by a court due to physical gratuitous abandonment by the creditor of his right against suffering, mental, serious anxieties, sleepless nights the debtor 3. Exemplary Damages – awarded monetarily in a lawsuit 4. The Confusion or Merger of the Rights of Creditor and when the defendant willfully acts maliciously, violently, and Debtor – the characters of creditor & debtor are merged in oppressively the same person / meeting in one person of the qualities of 4. Nominal Damages – award issued by court due to legal creditor and debtor w/ respect to the same obligation wrong Ex: Illegal dismissal 5. Compensation – shall take place when 2 persons, in their 5. Liquidated Damages – given to the injured party as own rights, are creditors and debtors of each other / compensation due to specific breach extinguishment to the concurrent amount of the debts of 2 6. Temperate Damages – more than nominal, less than persons compensatory / awarded if it finds pecuniary losses 6. Novation – extinction of an obligation through the creation of a new one which substitutes it Usufruct – right to enjoy the use & the fruits of the property  Compromise – agreement or settlement and/or things owned by another  Annulment – contract is void / invalidation  Prescription – time limit that set forth maximum period to (Obligation with a Period) file an action  Alternative Obligation – it is one wherein various prestation  Extinguishment – cancel or destroy / obligation is are due but the performance of one of them is sufficient as terminated determined by the choice  Death of a Party – obligation will end or extinguish if the  Facultative Obligation – one where only one prestation has person dies been agreed upon but the obligor may render another in  Condition - future & uncertain event substitution / obligation wherein the debtor is given the right  Period - future & certain event to substitute the thing due with another that is not due  Usufruct – right to enjoy the use & the fruits of the property  Joint Obligation – where the whole obligation is to be paid and/or things owned by another or fulfilled proportionately by the different debtors  Pure Obligation - one which is not subject to any condition  Solidary Obligation – one where each one of the debtors is & no specific date mentioned for its fulfillment & and is bound to render and each one of the creditors has a right to therefore, immediately demandable demand from any of the debtors  Conditional Obligation – one whose consequences subject  Divisible Obligation – one the object of which in its delivery in one way or another to the fulfillment of a condition or performance, is capable of partial fulfillment + Kinds of Damages  Indivisible Obligation - one the object of which in its delivery or performance, is not capable of partial fulfillment A. Kinds of Obligation: Penal Clause – an accessory undertaking attached to an 1. Primary Classification obligation to assume greater liability in case of breach a. Pure & Conditional Obligations  Bilateral Obligation – when only 1 party is obliges to comply b. Obligations w/ a Period with a prestation c. Alternative & Facultative Obligations  Unilateral Obligation – when both parties are mutually d. Divisible & Indivisible Obligations bound to each other e. Obligations w/ a Penal Cause 2. Secondary Classification (Different Kinds of Condition) a. Unilateral & Bilateral Obligations b. Real & Personal Obligations 1. Conjunctive – several conditions and all must be fulfilled c. Determinate & Generic Obligations 2. Possible – condition is capable of fulfillment, legally & d. Civil & Natural Obligations physically e. Legal, Conventional, & Penal Obligations 3. Impossible - condition is not capable of fulfillment, legally & physically  Article 1179 – Every obligation whose performance does not 4. Protestative – condition depends upon the will of one of the depend upon a future or uncertain event, or upon a pas event contracting parties unknown to the parties, is demandable at once 5. Positive – condition consists in the performance of an act  Pure Obligation – one which is not subject to any condition 6. Negative - condition consists in the omission of an act & no specific date mentioned for its fulfillment & and is 7. Alternative – situation where multiple conditions are set therefore, immediately demandable  Conditional Obligation – one whose consequences subject (3 Kinds of Loss) in one way or another to the fulfillment of a condition 1. Physical Loss – thing perishes as when a house is burned  Condition – a future & uncertain event & reduced to ashes (2 Principal Kinds of Obligation) 2. Legal Loss – thing goes out of commerce or when a thing legal becomes illegal 1. Suspensive Condition – one the fulfillment of which will 3. Civil Loss – thing disappears in such a way that its give rise to an obligation / demandability of the obligation is existence is unknown suspended until the happening 2. Resolutory Condition - one the fulfillment of which will extinguish an obligation