RFBT

• Obligation is the juridical necessity to give (real), to do or not to do (personal), while a contract is a meeting of minds between two persons whereby one binds himself with respect to another to give something or render some service
• Essential elements/requisites of an obligation include the passive subject/debtor/obligor who performs, the active subject/creditor/obligee who demands the obligation, the object/prestation/subject matter, and the juridical tie/legal tie which is the efficient cause for the performance of the obligations
• Sources of obligation include law, contracts, quali-contracts, delicts/crime/felon, and quali-delicts/tort/culpa aquiliana
• Basic principles/characteristics of contracts: mutuality, autonomy/liberty/freedom, relativity, consensual, and obligatory force of contract
• Mutuality of contract states that the contract must bind both contracting parties, and the validity or compliance cannot be left to the will of one of them
• Autonomy of contract allows the contracting parties to establish stipulations, clauses, terms, and conditions as they deem convenient, with exceptions if contrary to law, morals, good customs, public order, or public policy
• Relativity of contracts means contracts take effect only between the parties, their assigns, and heirs, with exceptions where third parties are bound or liable
• Consensual contracts are created by mere consent, with exceptions like real contracts that require consent plus delivery, and formal/solemn contracts that need consent plus a specific form
• Innominate contracts include types like do ut des, do ut facias, facio ut des, and facio ut facias, with rules governed by ACAC (Agreement, Civil Code, Analogous Cases, Customs)
• Unauthorized/unenforceable contracts require authorization and acting within the scope of authority, with violations leading to unenforceability and remedy through ratification
• Stages of a contract include preparation/bargaining/negotiation, perfection/creation/birth, and termination/consummation
• Essential elements/requisites of a contract include consent, object/subject matter, and cause/causa/consideration, with the effect of one missing element being void
• Consent in a contract involves the concurrence of offer and acceptance, legal capacity of the contracting parties, and must be intelligent, free, spontaneous, and real
• Incapacitated individuals to enter into a contract include minors, insane persons, deaf-mutes who do not know how to read, those under guardianship, those under civil interdiction, and persons prohibited by law
• Vices of consent in a contract include mistake, intimidation, violence, undue influence, and fraud, with exceptions like usual exaggeration in trade not being considered fraudulent
• Simulation of a contract can be absolute or relative, with absolute simulation being void and relative simulation binding parties to their true agreement
• The object/subject matter of a contract must be within the commerce of man, licit or lawful, determinate or at least possible of determination, transmissible, with future things being acceptable but future inheritance not
• Cause/consideration of a contract must be in existence, licit, true, and known, with lesion being insufficient cause due to unjust or inadequate price
• Form of a contract generally does not require a specific form, except for solemn contracts, with exceptions like public instruments plus registration for binding third parties
• Hierarchy of contracts includes oral/verbal, writing/private document, public instrument/notarized, and registered, with exceptions like public instrument plus registration for binding third parties
• Grounds for rescission of a contract include guardian, absentee, creditor, litigation, state of insolvency, and other instances
• Obligation (article 1156) is the juridical necessity to give (real), to do or not to do (personal)
• Obligatio is a Latin word meaning tying or binding
• Contract (article 1305) is the meeting of minds between two persons whereby one binds himself with respect to another, to give something or render some service
• Essential elements/requisites of an obligation include:

  • Passive subject/debtor/obligor: performs
  • Active subject/creditor/obligee: demands the obligation
  • Object/prestation/subject matter
  • Juridical tie/legal tie: efficient cause, reason for the performance of the obligations
• Essential elements/requisites of a contract, if one of them is missing, it is VOID:

  • Consent: meeting of the minds
  • Object: subject matter
  • Cause/causa/consideration/price
• Consent is required from two persons to give something or render some service
• Juridical necessity to give (real), to do or not to do(personal)


  Obligation (article 1156)