This document discusses the nature and effects of obligations under Philippine law. It outlines the primary and subsidiary remedies available to creditors when an obligation is breached. The primary remedies for creditors include specific performance, substituted performance, equivalent performance, and rescission of the contract. Subsidiary remedies grant creditors additional rights, such as pursuing the debtor's property, rescinding fraudulent acts, and direct claims against parties involved in the transaction. The document provides an overview of the legal framework governing obligations and the means to remedy their breach under Philippine contract law.
This document discusses the nature and effects of obligations under Philippine law. It outlines the primary and subsidiary remedies available to creditors when an obligation is breached. The primary remedies for creditors include specific performance, substituted performance, equivalent performance, and rescission of the contract. Subsidiary remedies grant creditors additional rights, such as pursuing the debtor's property, rescinding fraudulent acts, and direct claims against parties involved in the transaction. The document provides an overview of the legal framework governing obligations and the means to remedy their breach under Philippine contract law.
This document discusses the nature and effects of obligations under Philippine law. It outlines the primary and subsidiary remedies available to creditors when an obligation is breached. The primary remedies for creditors include specific performance, substituted performance, equivalent performance, and rescission of the contract. Subsidiary remedies grant creditors additional rights, such as pursuing the debtor's property, rescinding fraudulent acts, and direct claims against parties involved in the transaction. The document provides an overview of the legal framework governing obligations and the means to remedy their breach under Philippine contract law.
Ramon Magsaysay Memorial Colleges, General Santos City LAW ON OBLIGATION & CONTRACTS
CHAPTER 2. NATURE AND EFFECT OF OBLIGATIONS
1. PRESTATION
2. BREACH OF OBLIGATION
3. REMEDIES OF CREDITORS
3.1. TRANSMISSIBILITY OF RIGHTS
3.1.1. General Rule: All rights acquired in virtue of an obligation are generally transmissible. (Art. 1178) 3.1.2. Exceptions: 3.1.2.1. Prohibited by law 3.1.2.2. Prohibited by stipulation of the parties
3.2. PRIMARY REMEDIES OF THE CREDITOR (PRESS) Art. 1165 -1168
3.2.1. SPECIFIC PERFORMANCE performance by the debtor of the prestation itself 3.2.2. SUBSTITUTED PERFORMANCE someone else performs or something else is performed at the debtors expense 3.2.3. EQUIVALENT PERFORMANCE right to claim damages (in either performance or rescission) 3.2.4. RESCISSION right to rescind or cancel the contract 3.2.5. PURSUE THE LEVIABLE to attach the properties of the debtor, except those exempt by law from execution
3.3. SUBSIDIARY REMEDIES OF THE CREDITOR
3.3.1. Accion Subragatoria After having pursued the property in possession of the debtor, exercise all the rights (like the right to redeem) and bring all the actions of the debtor22 (like the right to collect from the debtor of his debtor) except those inherent in or personal to the person of the latter (such as the right to vote, to hold of ce, to receive legal support, to revoke a donation on the ground of ingratitude, etc.) 3.3.2. Accion Pauliana Ask the court to rescind or impugn acts or contracts which the debtor may have done to defraud him when he cannot in any other manner recover his claim 3.3.3. Accion Directa The right of lessor to go directly to a sublessee for unpaid rents of the lessee 3.3.4. The right of laborers or persons who furnish materials for a piece of work undertaken by a contractor to go directly to the owner for any unpaid claim due to the contractor 3.3.5. The right of vendor against every possessor whose right is derived from the vendee 3.3.6. The right of a principal against a substitution appropriated by an agent