POSSIBLE QUESTIONS FOR REQUISITES OF REMISSION

ENUMERATION
1. There must be an agreement
REQUISITES OF FORTUITOUS EVENTS 2. The parties must be capacitated
3. There must be subject matter
1. The event must be independent of the
4. The cause or consideration is generosity
human will or at least of the obligor’s will
5. Obligation is demandable at the time of
2. The event could not be foreseen
remission
(unforeseeable), or if it could be foreseen,
6. Remission must not be in officious
must have been impossible to avoid
3. The event must be of such character as to KINDS OF OBLIGATIONS
render it impossible for the obligor to
1. Pure and Conditional Obligations
comply with his obligation in a normal
2. Obligations with a Period
manner
3. Alternative Obligations
4. The obligor must be free from any
4. Joint and Solidary Obligations
participation in, or the aggravation of the
5. Divisible and Indivisible Obligations
injury to the obligee
6. Obligations with a Penal Law
DISTINCTION BETWEEN CULPA
REQUISITES OF QUASI DELICTS
AQUILANA AND CONTRACTUAL
1. There must be: act or omission
CULPA CULPA
2. Fault or Negligence
CONTRACTUAL AQUILANA
1. Liability 1. Liability 3. Damage caused
arises from a arises 4. Direct relation of act and the damage
breach of from the 5. No pre-existing contractual obligation
positive mere tort DUTIES OF THE DEBTOR TO GIVE A
obligation 2. Diligence
DETERMINATE THING
2. Defense of a of a good
good father father of a 1. Preserve the thing
of a family family is a 2. Deliver the fruits of the thing
will only complete 3. Deliver the accessions and accessories
mitigate defense 4. Deliver the thing itself
damages
5. Answer the damages in case of breach
REQUISITES OF AN OBLIGATION
EXTINGUISHEMNT OF AN OBLIGATION
1. Passive subject
1. Payment or Performance
2. Active subject
2. Loss of the thing due
3. Object or Prestation
3. Condonation or remission
4. Juridical tie
4. Confusion or merger
5. Compensation
6. Novation
OBLIGATIONS ARISES FROM
1. Law
2. Contracts
3. Quasi-Contracts
4. Act or omissions punished by law
5. Quasi-delicts