Obligation and Contracts Reviewer

financial provinceS AND CONTRACTS REVIEWER TITLE I OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An pact is a juridical necessity to earn, to do, or non to do. JURIDICAL requirement juridical tie connotes that in case of noncompliance, thither leave be legal okays. An promise is no involvement more than the duty of a some whizz (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court. A contract necessarily pass arounds rise to an tariff b arly an obligation does not always need to have a contract.KINDS OF OBLIGATION A. From the viewpoint of sanction 1. CIVIL OBLIGATION that defined in denomination 1156 an obligation, if not fulfilled when it becomes due and demandable, whitethorn be obligate in court through action based on legality the sanction isjudicial due process 2. NATURAL OBLIGATION defined in word 1423 a spare kind of obligation which cannot be enforced in court but which authorizes th e retention of the voluntary payment or process made by the debtor based on disciplineeousness and natural law. (i. e. hen there is prescription of duty to pay, still, the obligor paid his dues to the obligee the obligor cannot notice his payment still there is prescription) the sanction is the law, but solely sense of right and wrong had originally motivated the payment. 3. MORAL OBLIGATION the sanction is conscience or morality, or the law of the church. (Note If a Catholic promises to hear mass for 10 consecutive Sundays in order to receive P1,000, this obligation becomes a obligingized one. ) B. From the viewpoint of written report matter 1. REAL OBLIGATION the obligation to give 2. PERSONAL OBLIGATION the obligation to do or not to do (e. . the duty to paint a house, or to refrain from committing a nuisance) C. From the affirmativeness and negativism of the obligation 1. POSITIVE OR AFFIRMATIVE OBLIGATION the obligation to give or to do 2. NEGATIVE OBLIGATION the obligation not to do (which naturally inludes not to give) D. From the viewpoint of persons obliged sanction 1. UNILATERAL where only one of the billeties is bound (e. g. Plato owes Socrates P1,000. Plato must pay Socrates. ) 2. BILATERAL where both parties are bound (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 cause (Creditor / Obligee) the person who is demanding the performance of the obligation b)PASSIVE SUBJECT (Debtor / Obligor) the one bound to perform the prestation or to fulfill the obligation or duty c)PRESTATION (to give, to do, or not to do) object subject matter of the obligation conduct required to be observed by the debtor d)EFFICIENT energize the JURIDICAL TIE which binds the parties to the obligation source of the obligation.PRESTATION (Object) 1. TO GIVE delivery of a involvement t o the creditor (in sale, deposit, pledge, donation) 2. TO DO covers all kinds of works or services (contract for passkey 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 issue or harm to another DAMAGE result of injury (loss, hurt, harm) 157. cartel arises from (1) law (2) contracts (3) quasi-contracts (4) acts or omissions punished by law (5) quasi-delicts. (1) LAW (Obligation ex lege) imposed by law itself must be expressly or impliedly set forth and cannot be presumed See Article 1158 (2) CONTRACTS (Obligation ex contractu) arise from stipulations of the parties coming together of the minds / formal agreement must be complied with in good religion because it is the law among parties neither party ma y nilaterally evade his obligation in the contract, unless a)contract authorizes it b)other party assents Note Parties may freely enter into some(prenominal) stipulations, provided they are not contrary to law, morals, good customs, public order or public policy See Article 1159 (3) QUASI-CONTRACTS (Obligation ex quasi-contractu) arise from lawful, voluntary and one-sided acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the write down of another 2 kinds 1.Negotiorum gestio unauthorized caution This takes place when a person voluntarily takes charge of anothers abandoned business or dimension without the proprietors indorsement 2. Solutio indebiti undue payment This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake See Article 1160 (4) DELICTS (Obligation ex maleficio or ex delicto) arise from polished indebtedness which is the consequence of a criminal ha tred Governing rules 1.Pertinent provide of the RPC and other penal laws subject to Art 2177 polite law Art 100, RPC every(prenominal) person criminally apt for a felony is withal civilly presumable 2. Chapter 2, Preliminary title, on Human transaction ( civilised Code ) 3. Title 18 of Book IV of the well-mannered Code on vilifys See Article 1161 (5) QUASI-DELICTS / TORTS (Obligation ex quasi-delicto or ex quasi-maleficio) arise from ill-use caused to another through an act or omission, there being no teddy or heedlessness, but no contractual relation exists between the parties See Article 1162 158. Obligations from law are not presumed. Only those (1) expressly indomitable 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 provisions of this code. Unless such obligations are EXPRESSLY provided by law, they are not demandable and enforceable, a nd 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 have the force of law between the contracting 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 render some service governed principally by the agreement of the contracting parties. VALID CONTRACT it should not be against the law, contrary to morals, good customs, public order, and public policy. In the eyes of law, a void contract does not exist and no obligation will arise from it. OBLIGATIONS ARISING FROM CONTRACTS primarily governed by the stipulations, clauses, terms and conditions of their agreements. If a contracts prestation is unconscionable (unfair) or un levelheaded, even if it does not violate morals, law, etc. , it may not be enforced totally. Interpretation of contract involves a apparent movement of law. COMPLIANCE IN GOOD FAITH compliance or performance in accordance with the stipulations or terms of the contract or agreement.FALSIFICATION OF A VALID CONTRACT only the unauthorized insertions will be snub the original terms and stipulations should be considered valid and subsisting for the partied to fulfill. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of chapter 1, title 17 of this book. QUASI-CONTRACT juridical relation 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 halalty affairs of another without the knowledge or consent of the latter owner sh all reimburse the gestor for necessary and useful expenses incurred by the latter for the performance of his region as gestor. (2)SOLUTIO INDEBITI something is received when there is no right to demand it and it was unduly delivered through mistake 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 exceptional 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 damages. Governing rules 1. Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code Art 100, RPC Every person criminally liable 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 damages Every person criminally liable for a felony is also criminally liable (art. 00, RPC) CRIMINAL LIABILITY INCLUDES (a)RESTITUTION issue of property previously taken away the thing itself shall be restored, even though it be found in the possession of a trine 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 total of damage price of a thing, sentimental value, etc. (c)INDEMNIFICATION FOR CONSEQUENTIAL indemnity 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 circumstances there is civil liability c. when there is preponderance of evidence there is civil liability 1162. Obligations derived from quasi-delicts shall be governed by the pro visions 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 heart e. no pre-existing contractual relations between parties Fault or omission consists in the omission of that covering which is required by the nature of the obligation and corresponds with the circumstances of the person, time, and of the place. BASIS DELICTS QUASI-DELICTS 1. INTENT Criminal/ malicious Negligence 2. INTEREST Affects PUBLIC interest Affects PRIVATE interest 3.LIABILITY Criminal and civil liabilities Civil liability 4. PURPOSE Purpose punishment Indemnification 5. agree Cannot be compr ised 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 apprehension of it with the proper diligence of a good father 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 determine by its individuality) which an obligor is supposed to deliver to another. Reason the obligor cannot take care of the complete class/genus DUTIES OF DEBTOR Preserve or take care of the things due. ? intentness OF A GOOD FATHER a good father does not abandon his family, he is always ready to provide and protect his family customary care which an average and reasonably prudent man would do. -Defined in the banish in Article 1173 ANOTHER STANDARD OF CARE extraordinary diligence provided in the stipulation of parties. ? FAC TORS 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. Deliver the fruits of a thing Deliver the accessions/accessories Deliver the thing itself Answer for damages in case of non-fulfillment or breach