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Law (ex-lege) – the rule of conduct, just, obligatory, promulgated by a legitimate authority, and of

common observance and benefit.

Contract – stipulation of the parties, meeting of minds between two persons.

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.

Negotiorum Gestio – voluntary take charge.

Solutio Indebiti – unduly delivered thru mistake.

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.

Deceit – dishonesty, fraudulent conduct to deceive a party.

To do – includes all kinds or personal services, pertains to positive personal obligation.

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.

Debtor – The one whom obligation is legally demandable (Obligor/Passive Subject).

Creditor – The one who has the right to demand the fulfillment of the obligation (Obligee/Active
Subject).

Object – Prestation or conduct required from the parties.

Vinculum Juris (Juridical tie) – It’s the efficient cause, establish by different sources of obligations -law,
contract, quasi-contract, delicts, and quasi delicts

Ordinary delay – failure to perform obligation on time.

Legal delay (mora) – failure to perform the obligation on time which constitute breach of obligation.

Mora solvendi – Delay on the part of the debtor


Mora accipiendi – Delay on the part of creditor

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.

Industrial fruits – Produce by lands thru cultivation or labor. Like vegetables

*PAHANAP

Penal Fruits

When demand is necessary to incur in delay

Rights of the creditor when the thing deteriorates with debtor's fault

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