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OBLICON Summary
OBLICON Summary
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ART. 1156-1162
Requisites
Sources of obligation
Contract - arise from stipulation of the parties; meeting of minds between 2 person
Quasi contract - lawful, voluntary or unilateral act; no one shall be unjustly enriched at the expense of
other
SCOPE
Indemnification - damages
ART. 1163-1178
Generic if not determinate; cannot be pointed out; debtor can give anything
Why to know?
1. To take care of thing with the diligence of a good father of family unless agreement or law requires
another standard of care
2. To deliver the accessions and accessories
KINDS OF FRUITS
The creditor has personal right to the fruit from the obligation to deliver arises but no real right to it.
Real right - right or interest over specific thing; enforceable against the world
REMEDIES OF CREDITOR
-demand damages
3. Delay
4. Contravention of the tenor of the obligation - violations of the terms and conditions in obligation
Damages
1.Damages
-harm done
-some of money that may be recovered in reperation for the harm done.
Injury
A. Actual or compensatory
B. Moral
C. Nominal
D. Temperate or moderate
E. Liquidated damages
Fortuitous events are those events that cannot be foreseen or if can be forseen is inevitiable.
ACTS OF GOD (force majeure) independent will of human; flood, earthquake etc.
MUTUUM (Simple loan) - same amount of the same kind and quality shall be paid; gratuitous.
• Disputable- rebuttable
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Divisible - susceptible
Period - future and certain event upon arrival; day certain to come
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Legal - law
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GENERAL RULE: obligation is not demanable before the lapse of the period
5. Facultative obligation - only one prestation are due but debtor may substitute another
7. Solidary obligation- (separadamente) each one of the debtors is bound to render; creditors to
demand; I PROMISE TO PAY
ART.1223-1225 (SEC 5)
Obligation with penal clause- imposes a greater liability to debtor in case of non compliance.
FUNCTION
A penal clause is attached to an obligation in order to insure performance amd has double function.
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General rule: The penalty takes place of the damages and interest of non compliance.
Extinguishment of obligations
1.Payment or performance -not only in money but also in performance or in any mannner of an
obligation
Judicial cost - statutory amounts alloweds to an action for his expenses incurred in the action
Legal tender - currency which debtor can legally compel a creditor to accept in payment
2. Loss of the thing due - thing is los if it perishes or goes out of commerce or disapprears in such way
that its existense is unknown or cannot be recovered. Includes physical or legal imposibility.
-When the prestation became legally or physically impossible with out fault of debtor the obligation is
extinguished.
- when the service has become so dificult as to tbe manifestly beyond the contemplation of parties, the
onligor will be released wholely or partly in the ibligation.
REQUISITES:
• gratuitous
• accepted by obligor
• not be inofficious
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ART.1275-1277 (SEC 4)
4. Confusion or merger - meeting in one person the quality of creditor/debtor with respect to same
obligation
ART. 1278-1290
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KINDS: Substitution
Expromision - take place with his own initiative
7. Abutment
8. Rescission
10 prescription
11 others
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