Oblicon Group 1 Summary (Short & Outlined) PDF

Summary

This document outlines various types of obligations and conditions within law, including pure and conditional obligations, along with factors such as the period and rights of involved parties.

Full Transcript

Thank You OBLICON GROUP 1.pptx Summary (Short & Outlined) 1. Pure Obligations: - Immediately demandable, no conditions or specific dates. - Examples: "I promise to give you P5,000." 2. Conditional Obligations: - Outcomes depend on fulfilling a future, uncertain event (condition). - Types: -...

Thank You OBLICON GROUP 1.pptx Summary (Short & Outlined) 1. Pure Obligations: - Immediately demandable, no conditions or specific dates. - Examples: "I promise to give you P5,000." 2. Conditional Obligations: - Outcomes depend on fulfilling a future, uncertain event (condition). - Types: - Suspensive: Condition must be met before obligation arises. - Resolutory: Condition fulfilled extinguishes existing obligation. 3. Period: - Future, certain event determines when obligation arises or ends. - Example: "I will pay you this January 3, 2025." 4. Potestative Conditions: - Depend on will of debtor or creditor. - If solely on debtor's will, obligation is void. 5. Impossible Conditions: - Physically or legally impossible to fulfill. - May render the obligation void or only the condition void. 6. Fulfillment of Conditions: - Constructive fulfillment: Debtor prevents fulfillment. - Retroactive effects: Obligation considered from its creation, not fulfillment date. 7. Rights Pending Fulfillment (Suspensive): - Creditor: Can preserve their rights. - Debtor: Can recover mistaken payments. 8. Loss, Deterioration, Improvement of Thing: - Loss without debtor's fault: Obligation extinguished. - Loss due to debtor's fault: Debtor liable for damages. - Deterioration without fault: Creditor bears impairment. - Deterioration due to fault: Creditor chooses rescission or fulfillment with damages. - Improvement: Benefits creditor unless at debtor's expense. 9. Resolutory Conditions: - Extinguishes obligation upon fulfillment. - Parties return what they received. 10. Reciprocal Obligations: - Power to rescind if one party fails to comply. - Injured party chooses fulfillment or rescission with damages. 11. Kinds of Obligations (Person Obliged): - Unilateral: One party obliged. - Bilateral: Both parties obliged. - Reciprocal: Performance of one depends on the other. - Non-reciprocal: Performance is independent. 12. Remedies (Reciprocal Obligations): - Specific performance: Fulfillment with damages. - Rescission: Cancellation with damages. 13. Limitations on Rescission: - Court involvement. - Court-fixed period. - Third-party rights. - Substantial violation. - Waiver of right. 14. Breach by Both Parties: - First infractor known: Liability tempered. - First infractor unknown: Contract extinguished, each bears own damages.

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