Documente Academic
Documente Profesional
Documente Cultură
Causa (
causa debendi/causa obligationes) - why obligation exists
Requisites of Object:
a.
licit
- if illicit, it is void
b.
possible if impossible, it is void
c.
determinate or determinable
- or else, void
d.pecuniary value
(OBLIGATION EX CONTRACTU
) - Must be complied with in goodfaith because it is the law
between parties; neither party may unilaterally evadehis
obligation in the contract,
unless:
a)contract authorizes itb)other party assents
Parties may freely enter into any stipulations, provided they are
not contrary to law,morals, good customs, public order or public
policy
3)
Quasi-contracts (
OBLIGATION EX QUASI-CONTRACTU
) - That juridicalrelation resulting from a lawful, voluntary and
unilateral act, and which has for itspurpose, the payment of
indemnity to the end that no one shall be unjustlyenriched or
benefited at the expense of another
4)
Acts or omissions punishable by law/Delicts (
OBLIGATION EX MALEFICIO OR EX DELICTO
) and
5)
Quasi delicts/Torts (
OBLIGATION EX QUASI-DELICTO or EX QUASIMALEFICIO
) - It is a fault or act of negligence ( or omission of care )
whichcauses damage to another, there being no pre-existing cont
ractual relationsbetween the parties
Art. 1158
: law
meaning that neither party may unilaterally and upon his own
exclusive volition,escape his obligations under the contract,
unless the other party assented thereto,
or unless for causes sufficient in law and pronounced adequate by
a competenttribunal. (p. 81)2)should be complied with in good
faith.
Art. 1161
: Ex Delicto or Ex Maleficio
a.restitutionb.reparation of damage
causedc.indemnity for consequential damages
Effect of acquittal in criminal case:
Requirements before a Person can be held Liable for a Quasi
Delict1)There must be fault or negligence attributable to the
person charged;2)There must be damage or injury;3)There must
be a direct relation
of cause and effect between the fault or negligence on the
one hand and the damage or injury on the other hand(proximate
cause).