Reviewer sa Law PDF

Reviewer sa Law (a) UNILATERAL – where only one of the KINDS OF OBLIGATIONS parties is bound - CIVIL OBLIGATION – an obligation, if not (b) BILATERAL – where both parties are fulfilled when it becomes due...

Reviewer sa Law (a) UNILATERAL – where only one of the KINDS OF OBLIGATIONS parties is bound - CIVIL OBLIGATION – an obligation, if not (b) BILATERAL – where both parties are fulfilled when it becomes due and bound demandable, may be enforced in court through action; based on law; the sanction ELEMENTS OF OBLIGATION is judicial due process a) ACTIVE SUBJECT – (Creditor / Obligee) -NATURAL OBLIGATION - a special kind of the person who is demanding the obligation which cannot be enforced in performance of the obligation; court but which authorizes the retention of b) PASSIVE SUBJECT – (Debtor / Obligor) the voluntary payment or performance the one bound to perform the prestation made by the debtor; based on equity and or to fulfill the obligation or duty; natural law c) PRESTATION – (to give, to do, or not to -MORAL OBLIGATION - the sanction is do) object; subject matter of the obligation; conscience or morality, or the law of the conduct required to be observed by the church. debtor; d) EFFICIENT CAUSE – the JURIDICAL TIE. From the viewpoint of subject matter - which binds the parties to the obligation; (a) REAL OBLIGATION – the obligation to source of the obligation. give e) CAUSA (causa debendi/causa (b) PERSONAL OBLIGATION – the obligationes) - why obligation exists obligation to do or not to do. OBLIGATION - juridical necessity to give, to From the affirmativeness and negativeness do, or not to do of the obligation - (a) POSITIVE OR AFFIRMATIVE FRUITS: OBLIGATION – the obligation to give or to 1. NATURAL – spontaneous products of do the soil, the young and other products (b) NEGATIVE OBLIGATION – the of animals; obligation not to do 2. INDUSTRIAL – produced by lands of any cultivation or labor; From the viewpoint of persons obliged - “sanction” - 3. CIVIL – those derived by virtue of juridical relation  PHYSICALLY IMPOSSIBLE CONDITION - 5 SOURCES OF OBLIGATIONS cannot exist or cannot be done LEGALLY law, IMPOSSIBLE CONDITIONS - when they are contract, contrary to law, morals, good customs, quasi-contract, public order, or public policy delicts, CONDITION - future and uncertain event quasi-delict upon which the existence or extinguishments of an obligation is made to LAW - imposed by law itself depend. CONTRACT - meeting of minds of two or PURE OBLIGATIONS - one which does not more persons. Arise from the stipulation of contain any condition or term upon which the parties its fulfillment is made to depend. QUASI-CONTRACT - – arise from CONDITIONAL OBLIGATIONS - kind of stipulations of the parties: meeting of the obligation which is subject to condition. minds / formal agreement SIMPLE OBLIGATION – there is only one QUASI-DELICTS - arise from lawful, object voluntary and unilateral acts and which are COMPOUND OBLIGATION – two or more enforceable to the end that no one shall be prestations, it may be: unjustly enriched or benefited at the JOINT OBLIGATION - two or more debtors expense of another and two or more creditors whose whole obligations can fulfill proportionately DELICTS - – arise from civil liability which SOLIDARY OBLIGATION - either one of the is the consequence of a criminal offense debtor can fulfill the whole obligations. 2 KINDS OF FRUITS Where each one of the debtors is bound ACCESSORIES - fruits of a thing or additions render, and/or each creditor has the right to or improvements upon a thing to demand from any of the debtors ACCESSIONS - joined to are include with FACULTATIVE OBLIGATION - debtor is the principal thing for better use or bound to perform one prestation is due to completion or aesthetic deliver one thing with a reserved right to choose another prestation or thing as PERSONAL RIGHT - right or power of a substitute for the principal. person to demand from another SUSPENSIVE PERIOD - obligations only REAL RIGHT - right or interest of a person in arises once the condition is arrived a specific things RESOLUTORY PERIOD - obligations terminate once the condition is arrived contracts, this generally refers to the POTESTATIVE - depends upon the soul will prestation or what one party gives or does of one of contracting parties for the other CASUAL - depends upon chance and/or upon the will of the third person DETERMINATE THING - specific things MIXED - depends partly upon the will of a INDETERMINATE THING - class or genus party to the obligation and partly upon ACT OF MAN - war, fire, robbery, murder chance and/or the will of a third person ACT OF GOD / FORCE MAJEURE - POSSIBLE- when the condition is capable of unforeseen and inevitable (earthquake, fulfillment according to nature, law, public flood, rain) policy or good customs NEGLIGENCE - acts or emissions punishable IMPOSSIBLE – not capable of fulfillment by law according to nature, law, public or good FRAUD - deliberate or intentional customs. deception to perform obligation POSITIVE – when the condition involves the DELAY - failure to perform obligation in due doing of an act. time NEGATIVE – when the condition involves INCIDENTAL FRAUD - committed in the the omission of an act. performance of an obligation already DIVISIBLE - can be performed in parts existing because of contract INDIVISIBLE - cannot cannot be performed CAUSAL FRAUD – Fraud employed at the in parts and must be performed in whole time of the execution of a contract in order CONSENT - meeting of minds of two to secure consent persons RECIPROCAL OBLIGATIONS - are those which arise from the same cost in which THREE REQUISITE OF CONTRACTS each party is a debtor and creditor of the Consent – Both parties must consent to the other. contract, meaning there is a meeting of the CONJUNCTIVE/COMPOUND OBLIGATION - minds between them regarding the subject an obligation where the debtor has to matter and terms. perform ALL the several prestations in the Object – The object of the contract refers contract to extinguish the obligation. to the thing, service, or right that is the Examples: subject matter of the agreement. Ana agrees to sell her car to Riczie, but the Cause – The cause is the essential reason or contract requires Anna to: motive behind a party's obligation. In  1. Deliver the car to Riczie by Friday,  She can instead deliver her and smartphone (this is the substitute 2. Provide the car’s official option) if she prefers. documents (like registration and title) at the same time. In this facultative obligation, Claire is primarily obligated to pay PHP 5,000. In this case, both delivering the car and However, if she chooses, she can discharge giving the documents must happen her obligation by delivering her smartphone together. If Ana delivers the car but instead. The key difference is that the right forgets the documents, or gives the to substitute lies only with Claire (the documents but doesn’t deliver the car, debtor), not with David (the creditor). she hasn’t fully met her obligation. David cannot demand the smartphone; Both conditions must be fulfilled for the only Claire can decide to substitute it. contract to be complete. ALTERNATIVE OBLIGATION – an obligation where the debtor is required to fulfill ONLY ONE of the several prestations to extinguish the obligation. Example: FB :Dave Gayas Jayos owes Dapol under a contract. The contract states that Mike must either: IG: ykdaveg 1. Pay Sarah PHP 10,000, or 2. Deliver a new laptop to Sarah. Here, Jayos has an alternative obligation. He can choose between paying PHP 10,000 or delivering a new laptop. Once he fulfills either of the options, the obligation is considered discharged, and Dapol cannot demand the other option afterward. FACULTATIVE OBLIGATION – an obligation where the debtor is bound to perform ONLY ONE prestation, with a reserved right to choose another prestation as SUBSTITUTE for the principal. Example: Claire owes DavePHP 5,000. The contract states that Claire must:  Pay PHP 5,000 (this is the principal obligation), but