Juls

• Obligation


  A juridical necessity to give, to do or not to do
• Juridical necessity


  You can be sued in court if you don't comply with what you promised to do
• Natural obligations


  Civil obligations where the rights have expired or been prescribed due to the long passage of time
• Prescriptive period


  • Obligations arising from a written contract - 10 years
• Requisites/Elements of an obligation


  • Active subject (creditor or obligee)
  • Passive subject (debtor or obligor)
  • Prestation (object or subject matter)
  • Efficient cause (vinculum juris or juridical tie)
• Forms of an obligation

  • Oral
  • In writing
  • Partly oral and partly in writing
• Kinds of obligation according to the subject matter

  • Real obligations (giving of an object)
  • Positive personal obligations (to do)
  • Negative personal obligations (not to do)
• Sources of Obligation


  • Law
  • Contracts
  • Quasi-Contracts
  • Delicts
  • Quasi-Delicts
• Quasi-contracts


  Certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another
• Quasi-delicts


  Acts or omissions that cause damage to another, with fault or negligence but without any existing contractual relation
• Generic thing


  A thing identified only by its species, where the debtor can give anything of the same class
• Determinate thing


  A specific object identified by its individual characteristics
• Generic thing


  An object identified only by its species or class
• Natural fruits


  Spontaneous products of the soil and the young and other products of animals
• Industrial fruits


  Produced by land of any kind through cultivation or labor
• Civil fruits


  Fruits that are the result of a juridical relation
• Personal right


  The right to demand from another the fulfillment of the latter's obligation to give, to do or not to do
• Real right


  The right or interest of a person over a specific thing without a definite passive subject against whom the right may be personally enforced
• Accessions


  Everything that is incorporated or attached to a thing, either naturally or artificially
• Accessories


  Those joined to or included with the principal thing for the latter's better use, perfection or enjoyment
• Damages


  The harm done or the sum of money that may be recovered in reparation for the harm done
• Injury


  The wrongful, unlawful or tortious act which causes loss or harm to another
• Damnum absque injuria


  Damage without injury
• Kinds of damages


  • Actual/Compensatory Damages
  • Moral Damages
  • Nominal Damages
  • Temperate or moderate Damages
  • Liquidated Damages
• Nominal damages


  Damages that are more than just nominal but less than actual damages
• Temperate or moderate Damages


  • They are more than nominal but less than actual damages. The court may award temperate damages if the court finds some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty.
• Liquidated Damages


  Damages agreed upon by the parties to a contract, to be paid in case of breach
• Exemplary or corrective Damages

  Imposed by way of example or correction for public good, in addition to the moral, temperate, liquidated or compensatory damages
• Exemplary or corrective Damages

  • Imposed in cases of crimes like massacre, in addition to moral damages and compensatory damages, to serve as a warning to the public
• Fraud


  The deliberate or intentional evasion by the debtor of the normal compliance of his obligation
• Fraud in obtaining consent


  Fraud that makes the victim give consent
• Causal Fraud or Dolo Causante


  Fraud of a serious kind, without which, consent would not have been given. It renders the contract voidable as it is a defect in one of the essential elements of a contract, "consent".
• Causal Fraud or Dolo Causante

  • Seller tricks buyer into thinking they are selling alcohol when it is actually just soda, without which the buyer would not have consented to the purchase
• Incidental Fraud or Dolo Incidente


  Fraud without which consent would have still been given but the person giving such consent would have agreed on different terms. It would not render the contract void but the party committing the fraud shall be liable for damages.
• Incidental Fraud or Dolo Incidente

  • Seller tells buyer an old bottle of alcohol is 20 years old and charges a high price, when in reality it is only 2 months old. Buyer still consents to purchase but on different terms.
• Fraud in the performance of the obligation


  The deliberate act of evading fulfillment of an obligation in a normal manner. The party committing fraud shall be liable for damages.
• Fraud in the performance of the obligation


  • Seller tampers with the alcohol before delivering it to the buyer
• Past Fraud


  Fraud committed in the past can be waived. Such an act is considered as liberality on the part of the creditor.
• Future Fraud


  Fraud still to be committed cannot be waived even if there is an agreement to that effect. Such stipulation is void for being contrary to public policy.
• Past Fraud vs Future Fraud

  • Past fraud (e.g. fraud last week) can be waived, but future fraud (e.g. promise not to commit fraud again) cannot be waived