Professional Documents
Culture Documents
Law
Law
Quasi-Contract (quasi ex-contractual) – Art 1160. Juridical relation arising from lawful, voluntary, and
unilateral acts.
Quasi-Delicts (ex-delicto or culpa criminal) – Art 1161. Arising from criminal offence. Offense against the
state and private person. Liability could be a restitution, reparation, indemnification.
Fraud (Dolo or Dolo casuante) – Art 1170 – 1171. Implies some malice of dishonesty. Leads to vitiated
consent (Voidable – injured party can Annul the contract). Remedy: annulment + damages. Ex. Bought
land for false representation.
Fault – negligence or other tort liability, breach of duty, intentional failure to act reasonably or according
to law or duty.
Accident – something that does not occur in the usual course of events or that could not be reasonably
anticipated.
Negligence (Culpa) – failure to observe the degree of care required, implied in case of omission.
Crime – guilt of accused must be proved. Criminal or malicious intent, purpose is punishment. Criminal
and civil liabilities.
To give – deliver of immovable or movable which creates real rights, pertains to real obligation.
Not to do – (includes obligation not to give) abstaining from doing some act, pertains to negative
personal obligation.
Creditor – The one who has the right to demand the fulfillment of the obligation (Obligee/Active
Subject).
Vinculum Juris (Juridical tie) – It’s the efficient cause, establish by different sources of obligations -law,
contract, quasi-contract, delicts, and quasi delicts
Legal delay (mora) – failure to perform the obligation on time which constitute breach of obligation.
Force majeure (fortuitous event) – event that could not be foreseen and is out of control.
Compensatio morae – Delay of the obligors in reciprocal obligations which cancel the delay of the oblige;
thus, no actionable default on the part of both parties
Civil fruits – Derived by virtue of juridical relation. Like rent on the Apartment; Interest on the loan.
*PAHANAP
Penal Fruits
Rights of the creditor when the thing deteriorates with debtor's fault