Documente Academic
Documente Profesional
Documente Cultură
contracts
Morada
Obligation
i) it must be licit
ii) it must be possible, physically & juridically
iii)it must be determinate or determinable
iv) it must have a possible equivalent in money
Sources of Obligations (A. 1157)
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts
QUASI-CONTRACTS
Personal Real
1. jus ad rem, a right
enforceable only against a 1. jus in re, a right enforceable
definite person or group of against the whole world
persons
2. right pertaining to the 2. right pertaining to a person
person to demand from over a specific thing, without a
another, as a definite passive passive subject individually
subject, the fulfillment of a determined against whom such
prestation to give, to do or not right may be personally
to do enforced
Rights of a Creditor
Determinate Generic
Requisites:
1. Obligation is demandable and already liquidated
2. The debtor delays performance
3. The creditor requires performance judicially or
extra-judicially
3 kinds of Delay
the other party fulfills his obligation, while he himself does not
comply or is not ready to comply in a proper manner with what is
incumbent upon him. The general rule is that fulfillment by both
parties should be simultaneous except when different dates for the
performance of obligation is fixed by the parties.
Demand is still necessary if their respective obligations are to be
Requisites:
1. cause is independent of the will of the debtor
2. the event must be unforeseeable or unavoidable
3. occurrence must be such as to render it impossible for the
debtor to fulfill his obligation in a normal manner
4. debtor must be free from any participation in
the aggravation of the injury resulting to the creditor
Fortuitous Event
obligation is not
extinguished based
obligation is on the rule that a
extinguished genus never perishes
(genus nunquam
peruit)
Principle under A. 1176
Receipt of principal by the creditor, w/o
reservation w/ respect to the interest-
presumption: interest has been paid.
EXCEPTIONS:
1. When they are not transmissible by their very nature
e.g. purely personal right
2. When there is a stipulation of the parties that they
are not transmissible
3. Not transmissible by operation of law
PURE OBLIGATION
EXCEPTIONS:
1. pre-existing obligation
2. if obligation is divisible
3. in simple or renumeratory donations
4. in testamentary dispositions
5. in case of conditions not to do an impossible
thing
EFFECTS OF SUSPENSIVE CONDITION
1. Loss
a. without debtors fault - obligation is extinguished
b. with debtors fault - debtor pays damages
2. Deterioration
a. without debtors fault - impairment to be borne by the creditor
b. with debtors fault - creditor may choose between the rescission of the
obligation and its fulfillment with indemnity for damages in either case
3. Improvement
a. by the things nature or by time - improvement shall inure to the
benefit of the creditor
b. at the debtors expense - debtor shall have no other right than that
granted to a usufructuary
Effects of Loss, Deterioration and Improvement in real obligations
(during the pendency of the condition)
EXCEPTIONS:
1. If there is an express stipulation of automatic
rescission
2. When the debtor voluntarily returned the thing
Article 1191 refers to judicial rescission. It does not
apply if there is an express stipulation to rescind, in
which case such stipulation must prevail. There is
nothing in the law which prohibits the parties from
entering into an agreement that violation of the terms
of the contract would cause its cancellation without
court intervention. Said stipulation is in the nature of
facultative resolutory condition.
Rescission will be ordered only where the breach is
substantial as to defeat the object of the parties in
entering into the agreement
The injured party may choose between fulfillment and
rescission of the obligations, with the payment of
damages in either case. These remedies are alternative,
not cumulative. However, should fulfillment become
impossible, the injured party may also seek rescission
The right to rescind belongs exclusively to the injured
party.
OBLIGATION WITH A PERIOD
Requisites:
1. future
2. certain
3. possible, legally and physically
CLASSIFICATION OF TERM OR PERIOD
c. If all the things are lost through the fault of the debtor,
the choice by the creditor shall fall upon the price of any 1
of them, also with indemnity for damages
Joint and Solidary Obligations
EXCEPTIONS:
1. when expressly stated that there is solidarity
2. when the law requires solidarity
3. when the nature of the obligation requires
solidarity
JOINT DIVISIBLE OBLIGATIONS
not only the rights which correspond to him, but also all
the rights which correspond to the other creditors, with
the consequent obligation to render an accounting of his
acts to such creditors
creates a relationship of mutual agency among solidary
creditors
2. Passive solidarity
solidarity of debtors
EXCEPTIONS:
1. When the obligation expressly stipulates the contrary;
2. When the different prestations constituting the objects
of the obligation are subject to different terms and
conditions; and
3. When the obligation is in part liquidated and in part
unliquidated
Obligations with a Penal Clause
EXCEPTIONS:
1. when there is a stipulation to the contrary;
2. when the debtor is sued for refusal to pay the agreed
penalty; and
3. when debtor is guilty of fraud
When penalty may be reduced