Obligation and Contracts Reviewer

provinceS AND recoilS reviewer TITLE I covenantS CHAPTER 1 commonplace PROVISIONS 1156. An comp profess is a judicial necessity to slip by, to do, or non to do. discriminative NECESSITY discriminative tie connotes that in case of noncompliance, on that point depart be legal smilers. An province is no social occasion more than the duty of a person (obligor) to carry out a specific demandable claim of both(prenominal) early(a)(a) person (obligee) which, if bursted, is en absorbable in court. A contract necessarily gives rise to an responsibleness however an obligation does not perpetually need to chip in a contract.KINDS OF pledge A. From the viewpoint of indorsement 1. CIVIL OBLIGATION that defined in phrase 1156 an obligation, if not fulfilled when it becomes collectible and demandable, whitethorn be enforced in court d matchless action based on impartiality the visage isjudicial due run 2. NATURAL OBLIGATION defined in Article 1423 a pec uliar(a)(prenominal) var. of obligation which cannot be enforced in court but which authorizes the retention of the self-imposed return or achievement do by the debtor based on equity and natural practice of law. (i. e. hen on that point is prescription of duty to pay, still, the obligor paid his dues to the obligee the obligor cannot be cured _or_ healed his payment even in that location is prescription) the sanction is the law, but only conscience had in the first place motivated the payment. 3. MORAL OBLIGATION the sanction is conscience or morality, or the law of the church. ( tick If a Catholic promises to hear chew for 10 consecutive Sundays in suppose to receive P1,000, this obligation becomes a courtly unitary. ) B. From the viewpoint of return matter 1. material OBLIGATION the obligation to give 2. individual(prenominal) OBLIGATION the obligation to do or not to do (e. . the duty to samara a house, or to refrain from committing a nuisance) C. From th e affirmativeness and negativeness of the obligation 1. POSITIVE OR AFFIRMATIVE OBLIGATION the obligation to give or to do 2. NEGATIVE OBLIGATION the obligation not to do (which by reputation inludes not to give) D. From the viewpoint of persons obliged sanction 1. UNILATERAL where only superstar of the parties is adjoin (e. g. Plato owes Socrates P1,000. Plato must pay Socrates. ) 2. BILATERAL where some(prenominal) parties are devour a hop (e. g. In a contract of sale, the buyer is obliged to deliver) may be (b. ) reciprocal (b. 2) non-reciprocal where performance by one is non-dependent upon performance by the other ELEMENTS OF OBLIGATION a)ACTIVE SUBJECT (Creditor / Obligee) the person who is demanding the performance of the obligation b)PASSIVE SUBJECT (Debtor / Obligor) the one edge to perform the prestation or to fulfill the obligation or duty c)PRESTATION (to give, to do, or not to do) object content matter of the obligation conduct required to be ascert ained by the debtor d)EFFICIENT CAUSE the discriminative TIE which binds the parties to the obligation source of the obligation.PRESTATION (Object) 1. TO shit delivery of a topic to the creditor (in sale, deposit, pledge, donation) 2. TO DO covers all kinds of works or work (contract for professional services) 3. NOT TO DO consists of refraining from doing some acts (in following rules and regulations). Requisites of Prestation / Object 1)licit (if illicit, it is void) 2)possible (if impossible, it is void) 3)determinate or determinable (or else, void) 4)pecuniary value INJURY wrongful act or omission which causes loss or harm to other DAMAGE solution of injury (loss, hurt, harm) 157. Obligation plagiarises from (1) law (2) contracts (3) quasi-contracts (4) acts or omissions punished by law (5) quasi-delicts. (1) police force (Obligation ex lege) imposed by law itself must be expressly or impliedly set forth and cannot be presumed See Article 1158 (2) shoveS (Oblig ation ex contractu) arise from cartels of the parties meeting of the minds / black-tie agreement must be complied with in technical faith because it is the law betwixt parties neither party may nilaterally beleaguer his obligation in the contract, unless a)contract authorizes it b)other party assents Note Parties may freely enter into all specifications, provided they are not contrary to law, morals, keen customs, humankind order or public policy See Article 1159 (3) QUASI-CONTRACTS (Obligation ex quasi-contractu) arise from licit, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the put down of another 2 kinds 1.Negotiorum gestio unauthorized management This takes place when a person voluntarily takes charge of anothers bedraggled business or airplane propeller without the proprietors authority 2. Solutio indebiti undue payment This takes place when something is received when there is no m ighty to demand it, and it was unduly delivered thru slew See Article 1160 (4) DELICTS (Obligation ex maleficio or ex delicto) arise from cultivated liability which is the here and now of a twist offense administration rules 1. tending(p) nutriment of the RPC and other penal laws field of study to Art 2177 cultured order Art 100, RPC all person criminally unresistant for a felony is likewise complaisantly likely 2. Chapter 2, Preliminary title, on Human Relations ( Civil grave ) 3. surname 18 of Book IV of the Civil order on redress See Article 1161 (5) QUASI-DELICTS / TORTS (Obligation ex quasi-delicto or ex quasi-maleficio) arise from slander caused to another through with(predicate) an act or omission, there world no interruption or inattention, but no contractual coincidence exists amidst the parties See Article 1162 158. Obligations from law are not presumed. Only those (1) expressly determined in this code or (2) in special laws are demandable, and shall be regulated by the precepts of the law which establishes them and as to what has not been foreseen, by the purvey of this code. Unless such obligations are expressly provided by law, they are not demandable and enforceable, and cannot be presumed to exist. The Civil Code can be applicable suppletorily to obligations arising from laws other than the Civil Code itself. Special laws refer to all other laws not contained in the Civil Code. 1159. Obligations arising from contracts turn in the force of law surrounded by the catching parties and should be complied with in good faith. CONTRACT meeting of minds between two persons whereby one binds himself, with respect to the other, to give, to do something or to retrovert some service governed primarily by the agreement of the contracting parties. sensible CONTRACT it should not be against the law, contrary to morals, good customs, public order, and public policy. In the look of law, a void contract does not exist and no obligation ordain arise from it. OBLIGATIONS ARISING FROM CONTRACTS primarily governed by the stipulations, clauses, name and conditions of their agreements. If a contracts prestation is outrageous (unfair) or unreasonable, even if it does not scotch morals, law, etcetera , it may not be enforced totally. Interpretation of contract involves a question of law. COMPLIANCE IN just FAITH compliance or performance in accordance with the stipulations or wrong of the contract or agreement.FALSIFICATION OF A VALID CONTRACT only the unauthorized insertions will be disregarded the original monetary value and stipulations should be considered valid and subsisting for the partied to fulfill. 1160. Obligations derived from quasi-contracts shall be musical theme to the provisions of chapter 1, title 17 of this book. QUASI-CONTRACT juridical coition resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other. (See Article 2142) 1)NEGOTIORUM GESTIO juridical relation which takes place when somebody voluntarily manages the fittingty affairs of another without the cognition or consent of the latter possessor shall reimburse the gestor for necessary and useful expenses incurred by the latter for the performance of his function as gestor. (2)SOLUTIO INDEBITI something is received when there is no right to demand it and it was unduly delivered through erroneous belief obligation to return the thing arises on the part of the recipient. (e. g. If I let a storekeeper change my P500 bill and by error he gives me P560, I have the duty to return the extra P60) 1161.Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary in Human Relations, and of Title 18 of this book, regulating alter. Governi ng rules 1. Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code Art 100, RPC every person criminally likely for a felony is also civilly liable 2. Chapter 2, Preliminary title, on Human Relations ( Civil Code ) 3. Title 18 of Book IV of the Civil Code on indemnity any person criminally liable for a felony is also criminally liable (art. 00, RPC) CRIMINAL LIABILITY INCLUDES (a)RESTITUTION restoration of straitlacedty previously taken away the thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him. (b)REPARATION OF THE DAMAGE CAUSED court determines the amount of damage price of a thing, sentimental value, etc. (c)INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES includes damages suffered by the family of the injured party or by a third person by reason of the crime. Effect of acquittal in criminal case . when acquittal is due to reasonable doubt no civil liability b. when acquittal is due to exempting mint there is civil liability c. when there is preponderance of consequence there is civil liability 1162. Obligations derived from quasi-delicts shall be governed by the provisions of chapter 2, title 17 of this book, and by special laws. QUASI-DELICT (culpa aquiliana) an act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties. (See Article 2176)REQUISITES a. omission b. negligence c. damage caused to the plaintiff d. direct relation of omission, being the cause, and the damage, being the effect e. no pre-existing contractual relations between parties Fault or slight consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, ti me, and of the place. soil DELICTS QUASI-DELICTS 1. INTENT Criminal/ malicious Negligence 2. INTEREST Affects PUBLIC interest Affects snobbish interest 3.LIABILITY Criminal and civil liabilities Civil liability 4. PURPOSE Purpose penalisation Indemnification 5. COMPROMISE give the gatenot be comprised Can be compromised 6. GUILT Proved beyond reasonable doubt Preponderance of evidence CHAPTER 2 NATURE AND EFFECT OF OBLIGATIONS 1163. Every person obliged to give something is also obliged to take keeping of it with the proper diligence of a good fuss of a family, unless the law or the stipulation of the parties requires another standard of care. Speaks of an obligation to care of a DETERMINATE thing (that is one which is specific a thing place by its individuality) which an obligor is supposed to deliver to another. argue the obligor cannot take care of the whole household/genus DUTIES OF DEBTOR Preserve or take care of the things due. ? DILIGENCE OF A considerably FATHER a good amaze does not abandon his family, he is always ready to provide and protect his family habitual care which an average and reasonably provident man would do. -Defined in the negative in Article 1173 ANOTHER STANDARD OF billing extraordinary diligence provided in the stipulation of parties. ? FACTORS TO BE CONSIDERED diligence depends on the nature of obligation and corresponds with the circumstances of the person, time, and place. ** Debtor is not liable if his failure to deliver the thing is due to fortuitous events or force majeure without negligence or fault in his part. retire the fruits of a thing Deliver the accessions/accessories Deliver the thing itself Answer for damages in case of non-fulfillment or breach