Professional Documents
Culture Documents
JANUARY 2007
MIDTERM REVIEWER
Page
3. LIABILITY
4. PURPOSE
5.
COMPROMIS
E
6. GUILT
Basis
DELICTS
Criminal/maliciou
s
Affects PUBLIC
interest
Criminal and civil
liabilities
Purpose
punishment
Cannot be
compromised
Proved beyond
reasonable doubt
Culpa
QUASIDELICTS
Negligence
Affects PRIVATE
interest
Civil liability
Indemnification
Can be
compromised
Preponderance
of evidence
Culpa
Page
Aquiliana
(Quasi-delict)
1. NATURE
OF
NEGLIGEN
CE
2.GOOD
FATHER OF
THE FAMILY
DEFENSE
3.PRESUMP
TION OF
NEGLIGEN
CE
Direct,
substantive
and
independent
Complete and
proper defense
(parents,
guardian,
employers)
No
presumption
injured party
must prove
negligence of the
defendant.
Contractual
(Breach of
contract)
Incidental to the
performance of the
obligation.
Not complete and
proper defense in
the selection of
employees.
There is
presumption
defendant must
prove that there
was no negligence
in the carrying out
of the terms of the
contract.
Hanna Magkasi
3
FRUITS:
1. NATURAL spontaneous products of the
soil, the young and other products of
animals;
2. INDUSTRIAL produced by lands of any
cultivation or labor;
3. CIVIL those derived by virtue of juridical
relation.
1165. When what is to be delivered is a
determinate thing, the creditor may
compel the debtor to make delivery. If the
thing is indeterminate or generic, he may
ask that the obligation be complied with
at the expense of the debtor. If the obligor
delays or has promised to deliver the same
ting to two or more persons who do not
have the same interest, he shall be
responsible for any fortuitous event until he
has effected the delivery.
DETERMINATE THING
something which is susceptible of
particular designation or specification;
obligation is extinguished if the thing is
lost due to fortuitous events.
INDETERMINATE THING
something that has reference only to a
class or genus;
obligation to deliver is not so extinguished
by fortuitous events.
REMIDIES FOR FAILURE OF DELIVERY
(determinate thing)
1. Complaint for specific performance an
action to compel the fulfillment of the
obligation.
2. Complaint for rescission of the obligation
action to rescind
3. Complaint for damages action to claim
for compensation of damages suffered
As a general rule, no person shall be
responsible for those events which could
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Hanna Magkasi
4
Page
Page
1185
(NEGATIVE
SUSPENSIVE)
Jon Davis obliges
himself to give the
pregnant woman Amy
Lee $5000 if she would
NOT give birth on
December 30.
a. Jon Davis is NOT
LIABLE if Amy Lee gives
birth on December 30. b.
Jon Davis is LIABLE if
Amy Lee DID NOT give
birth on December 30
Page
30.
Period/Term
Always refers
to FUTURE
2.
FULFILLMENT
Sure to happen
at an exact
date or
indefinite time
but sure to
come.
Merely fixes
the time for
the
demandability
or
performance
of obligation.
3. INFLUENCE
Condition
Can refer to
past events
unknown to
the parties
May or may
not happen.
REQUISITES:
1. Future
2. Certain, sure to come
3. Physically or legally possible
Page
2.
3.
4.
5.
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Hanna Magkasi
12
Page
Aida
pays $
4,500.00
Lorna
pays $
4,500.00
Fe
John
4,500.00
Marsha
4,500.00
=$
=$
Indivisibility
Refers to the
prestation of
the contract
Solidarity
Refers to the
tie existing
between
parties of the
Page
2. Number of
subjects /
parties
3. Effect of
breach of
obligation
Does not
require
plurality of
parties
Obligation is
converted into
monetary
obligation for
indemnity for
damages
each debtor is
liable only for
his part in the
indemnity.
obligation
(who is liable)
Requires
plurality of
parties
The liability,
even if
converted into
indemnity for
damages,
remains
solidary.
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Hanna Magkasi
15
1. Obligation PRESCRIBES
The creditor did not make any demand for
more than 10 years.
2. Obligation becomes ILLEGAL
Law has been passed, making such
prestation illegal.
1219. The remission made by the creditor of
the share which affects one of the solidary
debtors does not release the latter from his
responsibility towards the co-debtors, in
case the debt had been totally paid by
anyone of them before the remission was
effected.
Any belated (delayed) remission by the
creditor of the share of any of the debtor
has no effect on the internal relationship of
the co-debtors.
Aaron, Carlo, and Ags solidarily owe Neil
P1,500.00. Carlo paid the entire obligation. After
which, Neil remitted the share of Ags. Carlo can
collect P500.00 each from Aaron and Ags even
if the share of Ags in the obligation had been
remitted.
After the prior payment of the entire
obligation, there is nothing to remit
because the obligation had been
extinguished.
1220. The remission of the whole
obligation, obtained by one of the solidary
debtors, does not entitle him to
reimbursement from his co-debtors.
There is nothing to be reimbursed because
he did not spend any money, the remission
being a gratuitous act.
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Hanna Magkasi
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