Documente Academic
Documente Profesional
Documente Cultură
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Requisites
Active subject
Passive subject
Sources of obligation
Law
Contract
Quasi contract
- negotiorum gestion
-solutio indebiti
-others
Delicst/crime
Quasi delicts
Why to know?
1. To take care of thing with the diligence of a good father of family unless agreement or law requires
another standard of care
-kinds of fruits
Natural fruits
Industrial fruits
Civil fruits
The creditor has personal right to the fruit from the obligation to deliver arises but no real right to it.
Rights of creditor
Remedies of creditor
-demand damages
*to perform obligations in obligation to do or perform it but contravened the tenor thereof
1.fraud
2. Negligence
3. Delay
Damages
1.Damages
-harm done
-some of money that may be recovered in reperation for the harm done.
Injury
2. Kinds of damages
A. Actual or compensatory
B. Moral
C. Nominal
D. Temperate or moderate
E. Liquidated damages
Fraud
Kinds of fraud
-According to meaning
-according to commision
Negligence
1.Negligence
2. Test of negligence
3. Diligence to be observed
Kinds of negligence.
Culpa conrtactual
Culpa aquilana
Culpa criminal.
Delay or mora
1.Dalay or default or mora is the non fulfilment of an obligation with respect of time.
2. Kinds
C. Compensatio morae
Delay in reciprocal obligation.
If the creditor demands and the obligation is demandable already, the debtor doues not perform the
obligation , the creditor demands the obligation either juridical or extra juridically and the debtor failed
to comply with that demand.
4. Effects of delay.
On part of debtor
On part of creditor
1. He shall bear the risk of loss and shoulder the expenses for preservation of thing
Fortitous events
Fortitous events
1. Fortitous events are thoses events that cannot be forseen or if can be forseen is inevitiable.
-if will impossible for the debtor to perform obligation in normal manner.
Exception
4. Burden of proving the loss due to fortitous events is on the one who invokes it. To claim fortitoues
event it is necessary that no negligience happened
Exception
If law prohibits
2 conditional obligation
4. Alternative obligation
5. Facultative obligation
6. Joint obligation
7. Solidary obligation
8. Divisible obligation
9. Indivisible obligation
Conditional obligation
Classification
Suspensive-void
Resolutory-valid
-if the condition is not to do an impossible thing the obligation is immidiately demandable.
Positive- if happens
Creditor - he may bring appropriate actions for the preservation of his right
Loss
-when the thing perishes or goes out of commerce or disappear that its existance is unknown or it
cannot recovered.
Deterioration
B. At expense of debtor- the debtor may remove the improvments probided taht it will not damage to
the principal thing.
3. Incase of losss, deterioration or improvement of the thing the provisions of above rule which pertain
to debtor shallbe applied to the party who bound to return.
Reciprocal obligation
-one that arises from the same caus and in which each party is a debtor and creditor of the other.
Remedies of the injured party in reciprocal obligation
-an obligation with a period is one whose demadability or extinguishement is subjected to the expiration
of the term which must necessarily come.
Period is the space of time which determines the effectivity or extinguishment of an obligation.
Day certain is that which must necessarily come although it may not be known then.
Period vs condition
As to fulfilllment
As to time
A condtition causes an obligation to arises or ceases , period is the time the obligation is effaciousness.
Others.
Silent both.
Period is for benefit of debtor- he cannot be compelled before the day lapse
When the debtor can have the benefit of period if is not his benefit
1 he become.insolvent
4. When he violates any under taking in consideration of which the creditor agreed to the period.
Alternative obligation
An alternative obligation is one with several prestation but performace of one of them will extinguish
the obligation.
1. Debtor must completely perfor prestation chosen, he cannot compel the creditor to receive part of
one and part of another undertaking.
3. If creditor has thre right of choice, if the creditpr has communicated the choice to the debtor.
1. If all are loss, the debtor must pay the value of last remaining plus damages
2. If all except one are loss through debtors fault, then the last one is loss through fortitous event the
obligation is extinguished
3. If all except one is loss through fortitous events and the last one is lost through debtors fault, the
debtor must pay damages.
1. If one or some are loss, the creditor must choose among the remainder
3. If some are loss by debtors fault the creditor may choose any from ramainder, or any of those which
are loss in debtors fault plus damages
4. If all are loss by debtors fault, the creditor may choose the price of any of them plus damages.
Facultative obligation
An obligation with one prestation but the debtor may render another for subtitution.
1. Before subtitution
Principal thing
Subtitute
-no effect
2. After subtitution
Principal thing
-no effect
Subtitute
Joint and solidary obligation happens if there is 2 or more debtor and/or 2 or more creditor.
Joint obligation-
Solidary obligation-
Obligation with penal clause- imposes a greater liability to debtor in case of non conpliance.
Penal clause is accessory undertaking.
A penal clause is attached to an obligation in order to insure performance amd has double function.
General rule . The penalty takes place of the damages and interest of non compliance.
Exception.
1. The nullity of principal obligation carries with the nullity of penal clause.
2. The the penal clause is null , the principal obligation is still not eextinguied
Extinguishment of obligations
1. Payment or performance
5. Compensation
6. Novation
7. Annulment
8. Rescission
10 prescription
11 others
Payment or performance
/ the debtor of cannot compel the creditor to accept a thing of different item other that what is in the
contract.
/ the debtor cannot do or not do things other than what is in the contract if it is obligee's will
/ in obligation to deliver generic thing, the creditor cannot demand a superior quality, a debtor cannot
deliver a thing with inferior quality.
/in obligation to pay monetary obligation , the payment must be in legal tender.
* Legal Tender, is the monetary or currency which debtor may compel his creditor to accept in payment
of his debt.
There is stipulation
2. He is entitled to be subrogated in rigbts of the creditor such as those aeising from mortgage guaranty
or penalty.
A. When he has kept the thing delivered or the paymen became beneficial to him.
2. If none
1. Dation in payment
2. Application of payment
3. Payment by cession
Apllication of payment
Concept.
If there are several debt, it designantion of debt where the payment is applied
Requisites
A debtor owes 2 or more debt of same kind which is due on same creditor.
Payment by cession
Abandonment or assigment by debtor of all of his property in favor of his creditors so the creditor can
sell it and apply as payembt to debts.
Kinds
/ atleast 2 creditors
/ debtor insolvent
/ the debtor abandons all his properties those expempt from executions
Consignantion- act of depositing the sum of thing due with the juridical authorities..
Requisites.
Effect of consignation
If proper consignation is made the debtor may ask the judge to order the cancellation of the obligation.
The obligation shall be extinguised after the creditor accepted the consignantion of the judge declares
that proper consignation is made.
The debtor may withdraw and will effect that the obligation will be still inforces and those secondarily
liable is not yet release.
A thing is los if it perishes or goes out of commerce or disapprears in such way that its existense is
unknown or cannot be recovered. Includes physical or legal imposibility.
-When the prestation became legally or physically impossible with out fault of debtor the obligation is
extinguished.
- when the service has become so dificult as to tbe manifestly beyond the contemplation of parties, the
onligor will be released wholely or partly in the ibligation.
The debtor is released in liab, but will have the rights in action the the third person who cost the loss.
Condonation or remission
Kinds of condonation
As to amount
As to form
Implied - by inference.
If the private document of the debt is found in the debtor, the presumption is the creditor is the one
who voluntary deliver it
If the thing pledged after the delivery to creditor is found in the possesion of creditor , the presumption
is the accessory obligation is extinguished but not nesecarily the principal.
But if the accesory contract only is condoned, it will not take effect to principal contract
Confusion or merger
2. Merger takes place in the person on guarantor, the principal obliation is not extinguish only the
guaranty
Compensation
Kinds of compensation.
- as to amount or expent
- as to origin
Legal
Voluntary/conventional
Juridical
Facultative.
Novation
Kinds
According to object
A. Real or objective
B personal or subjective
According to form
Express
Implied
According to extent
Total or extintive
Partial or modificatory.