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    Chapter 1 (Obligation and Contracts)

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    Chapter 1 (Obligation and Contracts)

    Uploaded by

    Angeline Manuel
    12 views18 pages

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    12 views18 pages

    Chapter 1 (Obligation and Contracts)

    Uploaded by

    Angeline Manuel

    Copyright:

    © All Rights Reserved
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    of 18
    (Chapter 1 ~ General Provisions ‘Meaning of Civil Action a is one by Which 2 ary sues ano ection of aright, oF the prevention og thee for enforcement oF prt p ‘eres “Meaning of Cause of Action a isthe act oF omission by which a pry ight of another." volned ‘Whats a complaint? saesoreten a "The camplalac consis the writen statements. sep plaints clamor ease or cases of action? Tt ls the intel ‘Ratement thet startsa clacton. The function of3 complaint staph Aefendant notice ofthe nature and basis fo the clam Complaint in Relation to Cause of Action "A complaint states cause of action where it contains thy essential elements of acaise of action, namely (1) the legal right of th Plaintf (2) the correlative obligation ofthe defendant, and (3) the set op ‘omission ofthe defendant in vilation of said legal right If these eleme fare absent, the complaint becomes vulnerable to dismissal on the ground failure to state a cause of ction? Meaning of Paint A planus the party who brings a civil suit in a court of aw. {she person who files the complain in court. ‘Meaning of Defendant ‘A person sued ina cil pmceding He is the person who wil required to answer the complaint in court. ‘What is REAL OBLIGATION (obligation to give)? Obligation of the debtor or obligor to deliver'a thing, movable a ‘immovable, to the creditor or obligee for the purpose of transferrin ‘ownership o forthe use or possession ofthe recipient. Shae 197 Race Pale Sec 97 Raed re he So and 3197 rot etre Mae et cae nl ga Cpe dyer De aps GR a hopter 1 Genera Provisions SSENTIALELEMENTS OF AN omLicaTion {Passive subject or eborr Oligo" “The person oro he algun ity ‘5the person who has the obligation tf, t0 do or nota dg nts 2. Active subject or croitor or oblige ‘The person who bas the HOME to demand the fu ‘btgauon. He the person who haste right o demand compan ‘obligation to give to door not to. om 3.0bject “The fact, prstaton or service. Its the particular conduc, entrar obligor which may consis a giving doing not doing ante Note: A prestation ith object of obligation and ei he conduc the partes todoornot toda ortgive 4. Juridical or legal te oF efficent cause or vineulum aris itis which creates the relation between the passive ‘obligor andthe sctive subject or blige. ‘he enue (she vnchlm urs oF Juridical Ue that essential ‘he paris to the obligation. Ths linkage between the parties elation that the result of thelr batral actions, which gave rie ti testence ofthe contract clpuin ts conned npn the tone at tae ‘hero vr () The vin jure or aria He whlch ‘ater evablhed by the varus sources of obligations (lw, co uastconrets dels end quashdels) (0) the. obec We Preston or cond required to be observed (ge, odo or ME zd (0 the sjectpesons who, viewed from the demandablty of

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