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SUMMARY OF OBLIGATION AN

D CONTRACTS
OBLIGATIONS
Civil Obligations
- A juridical necessity
- To give, to do or not to do.

🔸Juridical Necessity - connote that in cas


e of non-compliance, there will be leagal
sanctions.
KINDS OF OBLIGATIONS
Art. 1179. Every obligation whose performance does
not depend
upon a future or uncertain event, or upon a past event
unknown
to the parties, is demandable at once.
Every obligation which contains a resolutory condition
shall
also be demandable, without prejudice to the effects
of the
happening of the event.
KINDS OF OBLIGATIONS
📌Pure and Conditional Obligations.

1. Pure Obligations - whose effectivity or extinguish


ment does notdepend upon the fulffilment or non-ful
fillment of a condition or upon the expiration of a ter
m or period.
KINDS OF OBLIGATIONS
📌Pure and Conditional Obligations.
2. Conditional Obligations - one whose

effectivity is subordinated to thefulfillment or non-

fulfillment of a future and uncertain act or event.


KINDS OF OBLIGATIONS
📌Pure and Conditional Obligations.
2. Conditional Obligations - one whose

effectivity is subordinated to thefulfillment or non-

fulfillment of a future and uncertain act or event.


KINDS OF OBLIGATIONS
Art. 1193. Obligations for whose fulfillment a day certain has
been fixed, shall be demandable only when that day comes.
Obligations with a resolutory period take effect once,
but terminate upon arrival of the day certain.
A day certain is understood to be that which must
necessarily come, although it may not be known when.
If the uncertainty consists in whether the day will come
or not, the obligation is conditional, and it shall be regulated by
the rules of the preceding Section.
KINDS OF OBLIGATIONS
📌 Obligation with as period
obligations whose demandability or extinguishment i
s subject to the expiration of a term or a period.
KINDS OF OBLIGATIONS

Term or Period- interval of time, which exerting an in


fluence on an

obligation as a consequence of a juridical act, either s


uspends its

demandability or produces its extinguishment.


KINDS OF OBLIGATIONS
📌 Alternative Obligations.
is one wherein various prestation are due but the per
formance of one of them is sufficient as determined
by the which generally belongs to the debtor.
KINDS OF OBLIGATIONS
📌 Facultive Obligations.
is an obligation where only one prestation has been
agreed upon but the obligor may render in another s
ubstitution.
SOURCES OF OBLIGATIONS
🔸Law
🔸Contracts
🔸Quasi-Contracts
🔸Acts or omission punished by law
🔸Quasi-Delicts
LAW
• A RULE OF CONDUCT, JUST AND OBLIGA
TORY, LAID DOWN BYLEGITIMATE AUTH
ORITY FOR THE COMMON OBSERVANCE
AND BENEFIT.
CONTRACTS
• A MEETING OF THE MINDS
• BETWEEN TWO PERSONS
• WHEREBY ONE BINDS HIMSELF
• WITH RESPECT TO THE OTHER
• TO GIVE SOMETHING
• OR TO RENDER SOME SERVICE
QUASI-CONTRACTS
• REFER TO CERTAIN, LAWFUL, VOLUNTARY AND UNIL
ATERAL ACT
• GIVING RISE TO A JURIDICAL RELATION
• TO THE END THAT NO ONE SHALL BE UNJUSTLY ENR
ICHED
• AT THE EXPENSE OF ANOTHERUNJUST ENRICHMEN
T-RETAINS A BENEFIT TO THE LOSS OF ANOTHER
TWO TYPES OF QUASI-CONTRACTS
1.NEGOTIORUM GESTIO - REFERS TO THE VOLUNTARY A
DMINISTRATION OF THE PROPERTY,BUSINESS OR AFFAIR
S OF ANOTHER-WITHOUT HIS CONSENT OR AUTHORITY.

2. SOLUTIO INDEBITI - REFERS TO PAYMENT BY MISTAKE


OF AN OBLIGATION WHICH WASNOT DUE WHEN PAID.
ACTS OR OMISSION PUNISHABLE
BY LAW
• THESE ARE CRIMES OR FELONIES. THE COMMISSIO
N OF THE CRIMEMAKES THE OFFENSER CIVILLY LIAB
LE.
QUASI-DELICTS

• ACTS OR OMISSIONS THAT CAUSE DAMAGE TO ANO


THER THEREBEING FAULT OR NEGLIGENCE BUT WIT
HOUT ANY PRE-EXISTINGCONTRACTUAL OBLIGATIO
N
ESSENTIALS REQUISITES OF AN
OBLIGATION
1. JURIDICAL OR LEGAL TIE/ EFFICIENT CAUSE/VINC
ULUM JURIS

-Which binds the parties to an obligation. It may be a


ny of the five sources of obligation.
ESSENTIALS REQUISITES OF AN
OBLIGATION
2. ACTIVE SUBJECT

KNOWN AS THE CREDITOR/OBLIGEE

WHO CAN DEMAND THE FULFILLMENT OF THE OBLI


GATION
ESSENTIALS REQUISITES OF AN
OBLIGATION
3. PASSIVE SUBJECT

KNOWN AS THE DEBTOR/OBLIGOR

FROM WHOM THE OBLIGATION IS JURIDICALLY DEM


ANDABLE
ESSENTIALS REQUISITES OF AN
OBLIGATION
4. PRESTATION/FACT/SERVICE

WHICH CONSTITUTES THE OBJECT OF THE OBLIGATIO


N

IT MAY BE AN OBJECT

IT MAY CONSIST OF GIVING, DOING OR NOT DOING S


OMETHING
PRESTATION

1.OBLIGATION TO GIVE - consists in the delivery of a


movable or immovable thing to thecreditor.
PRESTATION

2. OBLIGATION TO DO

- Covers all kinds of works or services whether physic


al or mental.
PRESTATION

2. OBLIGATION NOT TO DO

- CONSISTS IN REFRAINING FROM DOING SOME ACTS


NATURE AND EFFECT OF OBLIGA
TION
1.DETERMINATE OR SPECIFIC THING

IS SOMETHING WHICH IS SUSCEPTIBLE OF PARTICULA


R DESIGNATIONOR SPECIFICATION-PARTICULARLY DE
SIGNATED OR PHYSICALLY SEGREGATED FROM ALLOT
HERS OF THE SAME CLASS
NATURE AND EFFECT OF OBLIGA
TION
2. INDETERMINATE THING OR GENERIC THING

IS SOMETHING WHICH IS NOT PARTICULARIZED OR S


PECIFIED BUT HAS REFERENCE ONLY TO A CLASS.
OBLIGATIONS IS GENERIC

1. TO DELIVER A THING WHICH MUST BE NEITHER OF


SUPERIOR NORINFERIOR QUALITY

2. TO PAY DAMAGES IN CASE OF BREACH OF THE OBL


IGATION.
CAUSES OF BREACH OF OBLIGAT
ION
1. DEFAULT OR MORA

DELAY IN THE FULFILLMENT OF AN OBLIGATION

NON-FULFILLMENT OF AN OBLIGATION WITHRESPEC


T TO TIME
KINDS OF DEFAULT OR MORA

1. MORA SOLVENDI

DELAY OF THE OBLIGOR/DEBTOR TO PERFORM HIS O


BLIGATION.
KINDS OF DEFAULT OR MORA

2. MORA ACCIPIENDI

DELAY OF OF THEOBLIGEE/CREDITOR TO ACCEPT TH


EDELIVERY OF THE THING W/C IS THEOBJECT OF TH
E OBLIGATION
KINDS OF DEFAULT OR MORA

3. COMPANSACIO MORAE

DELAY OF THE PARTIES/OBLIGOR IN RECIPROCAL OBL


IGATIONS
CAUSES OF BREACH OF OBLIGAT
ION
2. FRAUD OF DOLO

DELIBERATE/INTENTIONAL EVASION BY THE DEBTOR


OF NORMAL COMPLIANCE OF HIS OBLIGATION.
CAUSES OF BREACH OF OBLIGAT
ION
3.NEGLIGENCE/CULPA

OMISSION OF THAT DELIGENCE-WHICH IS REQUIRED B


Y THE NATURE OF THE OBLIGATION;AND CORRESPOND
S WITH THE CIRCUMSTANCES OF THE PERSON , OF THE
TIME AND OF THE PLACE
CAUSES OF BREACH OF OBLIGAT
ION
3.NEGLIGENCE/CULPA

OMISSION OF THAT DELIGENCE-WHICH IS REQUIRED B


Y THE NATURE OF THE OBLIGATION;AND CORRESPOND
S WITH THE CIRCUMSTANCES OF THE PERSON , OF THE
TIME AND OF THE PLACE