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An obligation is a
juridical necessity to give, to do or
not to do.
Why is obligation
necessity?
juridical
ESSENTIAL
OBLIGATION
REQUISITES
OF
CHARACTERISTICS OF A LEGAL
OBLIGATION
OR
OBLIGATION
ARISING FROM LAW
1. It does not need the consent of the
obligor;
2. It must be expressly set forth in the
law creating it and not merely
presumed;
3. In order that the law may be a
source of obligation, it should be the
creator of the obligation itself.
What governs obligation arising from
law?
contractual
obligations
arising
ELEMENTS OF QUASI-CONTRACT
3. Indemnification
damages.
for
consequential
between
Crime
and
CRIME
There is criminal or
malicious intent or
criminal
negligence
The purpose is
punishment
QUASI-DELICT
There
is
only
negligence
The purpose is
indemnification of
the offended party
Affects the public Concerns private
interest
interest
There
are There is only civil
generally
two liability
liabilities, criminal
and civil liability
The guilt of the The
fault
or
accused must be negligence of the
proved
beyond defendant need be
reasonable doubt
proven
by
preponderance of
evidence
Things to be delivered in an
Obligation to Give
1. DETERMINATE or GENERIC
Determinate/Specific - when the
object is particularly designated
or physically segregated from all
others of the same class. The
object
is
a
concrete,
particularized thing, indicated by
its own individuality.
Generic or Indeterminate when the object is designated
merely by its class or genus
without any particular designation
or physical segregation from all
others of the same class. The
object
is
one
whose
determination is confined to that
of its nature.
2. FUNGIBLE or NON-FUNGIBLE
Fungibles things that can be
replaced by another of the same
kind
Non-Fungibles things that
cannot be replaced and not
equivalent of others even if
similar things
3. CONSUMABLE
or
NONCONSUMABLE
Consumable movables which
cannot be used in a manner
appropriate to their nature without
their being consumed.
Non-Consumable those which
can be used in a manner
appropriate to their nature without
being consumed
4. REAL
(IMMOVABLE)
or
PERSONAL (MOVABLE)
Real or Immovable those
specified in Art. 415 of the New
Civil Code such as land and
building
Personal or Immovable those
specified in Art. 416 an 417 of the
In
obligations
arising
from
contracts, as a general rule, from
the moment of the perfection of the
contract.
Exception: If there is a contrary
stipulation of the parties as to the
time when the thing or fruits shall be
delivered, such stipulation shall
govern.
To illustrate:
1. If the obligation is subject to
suspensive
condition,
the
obligation to deliver arises only
from the moment of the fulfillment
of the condition.
2. If the obligation is subject to a
suspensive term or period, the
obligation to deliver arises only
upon the expiration of the
designated term or period.
IN
OBLIGATIONS
OF
DEBTOR
DETERMINATE OBLIGATIONS
IN
1. To
perform
the
obligation
specifically. The obligor or debtor
binds himself to deliver to the obligee
or creditor a thing or object which is
particularly designated or physically
segregated from all others of the
same class.
2. To take care of the thing with the
proper diligence of a good father
of a family.
General rule: The standard of care
which must be exercised for the
OBLIGATIONS
OF
DEBTOR
GENERIC OBLIGATIONS
Exceptions:
1. If the law requires another
standard of care.
2. If the parties stipulate another
standard of care.
IN
Culpa
Culpa
the
source
of
Other circumstances
mitigate the damages:
Test of Negligence
Did the defendant in doing the alleged
negligent act use the reasonable care
and caution which an ordinarily prudent
person would have used in the same
situation? If not, then he is guilty of
negligence.
can
a. When
the
plaintiff
himself
contravenes the terms of the
contract;
b. Where the plaintiff has derived
some benefit as a result of the
contract;
c. In cases where exemplary
damages are to be awarded,
where the defendant acted upon
advice of counsel;
d. Where the loss would have
resulted in any event;
e. Where upon filing of the action,
the defendant has done his best
to lessen the plaintiff's loss or
injury.
Effects of Negligence
that
USURIOUS TRANSACTIONS
1. The event must be independent
of the will of the obligor;
2. The event must be either
unforeseeable or inevitable;
3. The event must be of such
character as to render it
impossible for the obligor to fulfill
his obligation in a normal
manner;
4. The obligor must be free from
any
participation
in
the
aggravation of hte injury resulting
to the obligee or creditor;
5. There must be an entire
exclusion of human agency from
the cause of injury or loss.
In the following instances, a person
is still civilly liable for failure to
comply with his obligation although
he was prevented from doing so by a
fortuitous event:
1. When by law, the debtor is liable
even for fortuitous event;
2. When by stipulation of the
parties, the debtor is liable even
for fortuitous events;
3. When the nature of the obligation
requires the assumption of risk;
4. When the object of the obligation
is lost and the loss is due partly
to the fault of the debtor;
5. When the object of the obligation
is lost and the loss occurs after
the debtor has incurred in delay;
6. When the debtor promised to
deliver the same thing to two or
more persons who do not have
the same interest;
7. When the obligation to deliver
arises from a criminal offense;
and
8. When the obligation is generic.
Remedies
Credit
of
Creditor
to
Protect
CHAPTER 3 - DIFFERENT
KINDS OF OBLIGATIONS
Section 1 - Pure and Conditional
Obligations
Pure Obligations - one whose
effectivity or extinguishment does not
depend upon the fulfillment or non-
of
Conditional
and
1. If an obligation is subject to a
suspensive condition:
a. The acquisition of right shall
depend upon the happening or
fulfillment of the fact or event
whcih constitutes the condition.
b. The obligation shall become
effective only upon the fulfillment
of the condition.
c. What is acquired by the obligee
or creditor upon the constitution
of the obligation is only a mere
hope or expectancy, however, it
is protected by law.
2. If an obligation is subject to a
resolutory condition:
a. Becomes
demandable
immediately
after
its
establishment or constitution.
b.
Rights arising out of the
obligation
are
acquired
immediately and vested in the
obligee or creditor, however, this
is without prejudice to the
happening or fulfillment of the
event which constitutes the
condition.
c. Although rights are immediately
vested in the obligee or creditor
upon the constitution of the
obligation, such rights are always
subject to the threat or danger of
extinction.
CASUAL
and
Exceptions to No. 2:
1. The rule is applicable only to a
suspensive condition. Hence, if
the condition is resolutory and at
the same time potestative, the
obligation is valid even if the
fulfillment of the condition is
made to depend upon the sole
will of the debtor.
2. If the obligation refers to a preexisting indebtedness.
III.
POSSIBLE and IMPOSSIBLE
CONDITIONS
IV.
POSITIVE
CONDITIONS
and
NEGATIVE
or
Requisites
of
the
Exception:
1. The doctrine can be applied only to
suspensive and not to resolutory
conditions.
Effect of Suspensive
Before Fulfillment
Conditions
Effect of Loss,
Improvement
1. Losses
Deterioration
or
2. Deterioration
- If the thing deteriorates without the
fault of the debtor, the impairment is
to be borne by the creditor.
- If the thing deteriorates through the
fault of the debtor, the creditor may
choose between bringing an action
for rescission of the obligation with
damages and bringing an action for
specific performance with damages.
3. Improvements
- If the thing is improved by its nature
or by time, the improvement shall
inure to the benefit of the creditor
- If the thing is improved at the
expense of the debtor, he shall have
no right than that granted by
usufructuary.
- The debtor cannot ask the creditor to
reimburse his expenses for useful
improvements and improvement for
mere pleasure, but he has the right
to remove the same provided it is
possible to do so without damage to
the thing or property.
- The debtor may also set off the
improvements he may have made
on the property against any damage
to the same.
Usufruct - right or enjoyment of a thing,
the property of which is vested in
Conditions
Effect of Loss,
Improvement
-
Deterioration
or
CONCEPT
OF
RECIPROCAL
OBLIGATIONS - are those which are
created or established at the same time,
out of the same cause, and which result
in mutual relationships of creditor and
debtor between the parties.
Tacit Resolutory Condition
General rule: If one of the parties fails
to comply with what is incumbent upon
him, there is a right on the part of the
other to rescind (or resolve) the
obligation.
Necessity of Judicial Action
Nature of Breach
General rule:
ordered only
Rescission will be
where the breach