Professional Documents
Culture Documents
Law On Obligation and Contract
Law On Obligation and Contract
Law On Obligation and Contract
Start Result
Quasi-Contracts Lawful Benefit
Quasi-Delicts Lawful Injury/Damages
Delicts Unlawful Injury/Damages
DAMAGES – harm doe and the sum of money that can be reovered.
SOURCES:
1. FRAUD (DOLO)
a. Causal Fraud (Causante) – voidable
b. Incidental Fraud (Incidente) - valid
2. NEGLIGENCE (CULPA)
a. Contractual – with existing contract.
b. Aquiliana – without existing contract.
c. Criminal – with or without existing contract.
DILIGENCE:
As required by law
As stipulated by parties
Absence of 1 & 2, diligence of a good father of a family.
DEGREE OF DILIGENCE
Stipulated Increase Valid
by parties Decrease Void
Common Stipulated: GFF Void
Carrier Required by Law: utmost care Extraordinary
Agency Req. by Law: extraordinary Valid
Stipulated: GFF Diligence
GFF
GENERAL RULE: “No one is liable in fortuitous events.”
Except:
When law so provides
When parties stipulate
Nature of the obligation requires assumption of risks. (Example: Insurance)
Negligence √ √
DEBT:
Oral Principal (√) Interest (× ) VOID
KINDS OF OBLIGATIION:
1. Demandable at once
Pure/Simple – no period/condition
Resolutory – with condition
With resolutory effect – with period.
2. With a period
Benefit of both creditor & debtor.
Cannot be demanded before due date, court can ONLY fix period.
3. With Condition
4. With Condition and period
“WILL IT HAPPEN?”
Fulfillment of Obligation
Before After
MAYBE (not sure):
Condition
Suspensive No Obligation Obligation arises
Obligation Obligation end
Resolutory arises (ext.)
YES (sure): Period
Condition must not be impossible and not contrary to law, morals, public policy,
public order, and good customs.
FULFILLMENT OF CONDITION:
1. Potestative – depends on sole will of one of the parties.
Prestation "Choice"
Alternative Obligation 2 or more DR. unless stipulated
VS.
Principal/Recovery?
Paid before maturity:
DR "aware" of period (×) - waiver of right to period
DR "not aware" of
period (√) + interest + fruits
On or After Maturity (not aware (×) Only interest + fruits
Where:
How:
To pay (money):
With stipulation Currency as stipulated
Without stipulation Legal Tender
To give:
Specifi
c As stipulated, no substitute
Generi
c As stipulated, neither inferior/superior
To do: A stipulated
If poorly done: undo @the expense of the
debtor.
SPECIAL FORMS OF PAYMENT:
A. Application of payment
Gives DR privilege (right to choose)
2 or more obligation is due
If silent: apply proportionately
B. Dation en payment
C. Payment by Cession
D. Tender of payment and Consignation