OBLICON

• Obligation


  Juridical necessity to give, to do or not to do
• Essential Requisites of Obligation

  • Passive subject (debtor/obligor, bound to do fulfillment)
  • Active subject (creditor/obligee, demand fulfillment)
  • Object/Prestation
  • Juridical/Legal tie
• Kinds of obligation according to the subject matter

  • Real Obligation - to give
  • Personal obligation- to do/ not to do
  • Negative Personal Obligation - not to do
• Obligation arises from


  • Law
  • Contracts
  • Quasi contracts - parang contract
  • Crimes, acts, omission punished by law - omission (not doing but punishable by law)
  • Quasi-delicts or torts
• Legal Obligations - not presumed because they are considered a burden upon obligor
• Contract


  Meeting of minds between 2 persons
• Binding force of contract


  Force of law between contracting parties
• Recruiting a valid contract

  Valid if not contrary to law, morals, good customs, public order, public policy
• Breach of contract


  May be breached or violated by a party
• Compliance in good faith

  Sincerity and honesty
• Negotiorum Gestio


  Voluntary management without knowledge of consent of the latter. Obligation to reimburse all the expenses
• Solutio Indebiti


  No right to demand, unduly delivered through mistake. Obligation to return
• Scope of civil liability

  • Restitution - to restore
  • Reparation for the damage caused- to repair
  • Indemnification for consequential damages- to pay
• Requisites for Quasi-delicts (can be hold liable)

  • act/omission
  • fault/negligence
  • Damage caused
  • Direct relation/connection
  • No pre-existing contractual relation
• Specific/Determinate Thing


  Particularly designated / physically segregated of the same class
• Generic/Indeterminate Thing


  Refers only to class / genus
• Different kinds of fruits


  • Natural fruits - spontaneous products (grass,trees,plants on lands w/o intervention of human labor)
  • Industrial Fruits - produced (sugarcane,vegetable, rice, reason of human labor)
  • Civil Fruits- derived by juridical relation (rents of bldgs)
• Personal Right


  Right/power of creditor to demand from debtor
• Real Right


  Right/interest of person over specific thing (ownership, possession, mortgage)
• Remedies of creditor in real obligation


  • Demand performance
  • Demand rescission / cancellation
  • Demand payment of damages only
• Accessions


  Additions to/ improvements (house or trees on land)
• Accessories


  Joined to or included with the principal thing (key of a house)
• If a person obliged to do something fails to do it, the same shall be executed at his cost
• When the obligation consists in not doing, the obligor does what has been forbidden him, it shall also be undone at his expense
• Kinds of Delay


  • Mora solvendi - delay of debtor
  • Mora Accipiendi- delay of creditor
  • Compensatio morae- both parties
• Injury


  Causes harm
• Damages


  Sum of money
• Liable for damages


  • Fraud (deceit/dolo) - deliberate / intentional evasion (incidental fraud & casual fraud)
  • Negligence (fault/culpa) - voluntary act/omission
  • Delay (mora)
  • Contravention of the terms of the obligation - violation of terms 7 conditions
• Future fraud is void, past fraud is valid (generosity & magnanimity)
• Kinds of Negligence


  • Contractual Negligence (culpa contractual) - negligence in contracts
  • Civil Negligence (culpa aquiliana) - negligence which by itself is the source of an obligation
  • Criminal negligence (culpa criminal) - negligence resulting in the commission of a crime
• Fortuitous event


  • Act of man- war, fire, robbery, murder, insurrection
  • Act of God (majeure) - earthquake, flood, rain, shipwreck, lightning, eruption of volcano
• Exceptions where fortuitous event does not extinguish obligation:

  1. When expressly specified by law

  -Debtor is guilty of fraud, negligence, delay, contravention

  -Promised to deliver the same

  -Arises from a crime

  -Delivered is generic

  2. When declared by stipulation

  3. When the nature of obligation requires the assumption of risk (insurance)
• Usury


  Receiving interest in excess of the amount
• Usurious transactions above 28% are void
• Presumptions


  • Receipt of principal without reservation- presumption that said interest has been paid
  • Receipt of later installment without reservation- presumption that such installments have been paid
  • Conclusive Presumption- one which cannot be contradicted
  • Disputable/Rebuttable Presumption- opposite, proof to the contrary
• Third party can be bound as long as there is a contract (collateral)
• Transmissibility of Rights is Prohibited

  • By law
  • Contract of partnership (2 or more)
  • Contract of agency(person render some service)
  • Contract of commodatum (delivers something not consumable)
  • By stipulation of the parties
• Pure Obligations


  Not subject to any condition and no specific date, immediately demandable
• Conditional Obligations


  Subject in one way/another to the fulfillment of a condition
• Condition


  Future and uncertain event