OBLIGATIONS AND CONTRACTS
Quick Notes
Contract
 Contract is a meeting of minds between two
(2) persons whereby one binds himself, with
respect to the other, to give something or to
render some service.
Law
 Law is a rule of conduct, just, obligatory,
promulgated by a legitimate authority, and of
common observance and benefit.
QUASI-CONTRACTS (QUASI EX-
CONTRACTUAL)
 Juridical relations arising from lawful,
voluntary, and unilateral acts by virtue of which
the parties become bound to each other, based
on the principle that no one is unjustly enriched
or benefited at the expenses of the another.
Quasi-delicts
 In order for a defendant to be liable the
following elements must be present, the plaintiff
must prove that there must be a an act or
omission, fault or negligence, damage caused,
there must be a direct relation of the damaged
cause to the act or omission and fault or
negligence, and there is no pre existing
contractual relation between the parties.
Solutio indebiti
 is the juridical relation which is created when
something is received when there is no right to
demand it and it was unduly delivered through
mistake.
Dolo causante or causal fraud
 employed in the execution of contract in order to
secure consent; remedy is annulment bec of
vitiation of consent.
Negotiorum gestio
 voluntary act without the consent of the latter
Fault
 Plaintiff must prove that the defendants conduct
was either negligent or intentional
ACCIDENT
 Does not occur in usual course of events could
not reasonably anticipated.
Negligence
 Voluntary act or omission, being bad
faith/malice prevents normal fulfillment of
obligation. Failure to exercise degree of care
recquired
Crime
 Malicious intent, purose is punishment
 Guilt of accused. Criminal/ civil liab.
Deceit
 Dishonesty, fraudulent conduct to deceive a
party
To Do
 A positive personal obligation to do something
To Give
 A real obligation subject matter is the thing
which obligor must deliver to oblige. Transfer
 an ownership to another. consists in the delivery  Merely failure to perform on obligation on time.
of a movable or an immovable thig, whether to – not actionable
create a real thing, or merely for some other
Legal delay
form of possession.
 Failure to perform obligation on time which
Not to do
failure constitute breach of obligation.
 Negative personal obligation that constraints as
FORTUITOUS EVENT
not to do something. Negative perform of act.
 an occurrence or happening which could not be
Debtor/OBLIGOR/Passive subject
foreseen or even if foreseen, is inevitable;
 Bound to fulfill the obligaton; he has a duty. absolutely independent of human intervention;
 Whom obligation is legally demandable act of God

Object Mora accipiende

 A conduct recquired from parties without this  Delay on part of credito to accept performance
there is no to perform. of obligation.

Creditor/OBLIGEE/Active subject Compensatio Morae

 He who has right;  delay of the obligors in reciprocal obligation.

 Person who is entitled to demand fulfillment

Vinculum Juris
Mora Solvedi
 Efficient cause; law, contracts, quasi-contracts
 Delay part of the debtor to fulfill his obligation.
and quasi delicts
FRAUD (dolo)

 deliberate intentional evasion of the faithful

fulfillment of an obligation
Juridical tie
Civil Fruits
 Binds/ connect parties to obligation determine
 Derived by virtue of juridical relation.
by knowing source of obligation.
Natural Fruits
When demand is necessary to incur in delay
 Produce of land, products of animals w/o human
-
intervention; growing trees on land wild
Rights of the creditor when the thing deteriorates with animals.
debtor`s fault
Penal Fruits
 Indemnity for damages
-
FORCE MAJEURE
Industrial Fruits
 an event caused by the legitimate or illegitimate
 Produce by land thru cultivational/ labor ; sugar
acts of persons other than the obligor; there is
cane, vegetables.
human intervention

Ordinary delay
PROBLEMS
Negotiorum gestio
 - is the voluntary management of the property
or affairs of another without the knowledge or
consent of the latter.
Note: if the act is voluntary you need to reimburse the
expense. Kunwari umalis ako para magbakasyon at
naiwan ko ang business ko pero may nag volunteer na
mag handle ng business ko at may mga expense siyang
binayaran sa mga business ko even if we don’t have
contract I need to reimburse the payment sakanya.
Solutio indebiti
 is the juridical relation which is created when
something is received when there is no right to
demand it and it was unduly delivered through
mistake.
Note: voluntary give the solution; kunwari nagkamali na
ideliver yung thing so kailangan/ obligation mo siya na
ibalik sa totoong may ari.
Personal rights
 Is a right or power of the creditor to demand
from the debtor the fulfillment of the latter`s
obligation, to do, or not to do, or to give;
Note: May contract na sila pero hindi pa nadedeliver
yung thing; mayroon na siyang right sa thing. Masasabi
natin na personal right pa siya kung hindi niya pa
nadeliver yung thing sa exact date into another person.
- MAY POWER YUNG CREDITOR TO DEMAND THE
DEBTOR
Real rights
 Is the right or interest of the person over a
specific thing.
Note: masasabing real right kapag na deliver na sa akin
yung thing.
Pagkakaiba: Kapag hindi pa nadeliver yung thing siya ay
personal right, saka lang masasabi na real rights kapag
na transfer na yung ownership
Proximate
 the plaintiff’s injury was directly caused by the
defendant’s act and was a reasonably
foreseeable result of the defendant’s act
Immediate cause
 means the action that resulted in the
consequence. For example, if an individual
who was driving while intoxicated crashed
his/her car and was killed, the immediate
cause of death was the crash. However, the
proximate cause was the individual's state of
intoxication
si lady ay may exam bukas, sa katamaran ay d na
nagreview kaya bumagsak
Proximate cause (cause): di nagreview
Immediate cause (result): bumagsak
Contributory cause
 under negligence
Remedies of the creditor in case the debtor fails to
deliver the determinate/indeterminate thing
 Specific performance + Damages, if the debtor
is guilty of fraud, negligence, delay, in
contravention to the tenor of obligation) OR
 Demand for recission or cancellation of the
obligation + Damages, if the debtor is guilty of
fraud, negligence, delay, in contravention to the
tenor of obligation) OR
 Demand for payment of damages only, if only
the feasible remedy.
These remedies are alternative and NOT
cumulative, the election of one is the waiver of
another.
An obligation to deliver a DETERMINATE or
SPECIFIC THING is EXTINGUISHED BY
FORTUITOUS EVENT