REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS (RFBT) CPALE Concept Notes
One point one. Obligations one point one point one. Definition
Other Types of Quasi-Contracts (Article two thousand one hundred sixty-four to two thousand one hundred seventy-five):
Four. Delicts (Crime or Felony)
Five. Quasi-Delicts (Torts, Civil Negligence, or Culpa Aquiliana) Requisites: o
Obligations of the Debtor under a Real Specific Obligation
Five. To pay damages in cash of breach of obligation
One. To deliver the thing at the agreed upon quality
Fraud, Negligence, Delay, and Contravention of the Agreement
• Dolo Causante (Causal Fraud)
• Dolo Incidente (Incidental Fraud)
Requisites for Mora Solvendi
Requisites for Mora Accipiendi
Effects (Mora Accipiendi):
CONTRAVENTION OF THE TENOR OF THE OBLIGATION (AGREEMENT)
Fortuitous Events (Art. one thousand one hundred seventy-four)
Legal Remedies in Breach of Obligations
SPECIFIC REMEDIES AS TO TYPES OF OBLIGATIONS
• Real Generic Obligations
• Personal Positive Obligations
• Personal Negative Obligations
SUCCESSIVE RIGHTS OF THE CREDITOR TO SATISFY CLAIMS AGAINST THE DEBTOR (ART. one thousand one hundred seventy-seven)
Kinds of Obligations as to Existence, Demandability, and Extinguishment
Loss, Deterioration, and Improvement of the Specific Thing DURING PENDENCY OF A SUSPENSIVE CONDITION
• Subject to period - future and CERTAIN event
Suspensive Period (Ex Die)
Resolutory Period (In Diem)
Conventional (Voluntary) Period
Kinds of Obligations as to Number of Prestation
ALTERNATIVE OBLIGATIONS "OR"
Effects of Loss of Prestation
Loss of Substitute Prestation
Principal (Original) Prestation
CONJUNCTIVE OBLIGATIONS "AND"
Kinds of Obligations with Multiple Parties (Collective Obligations) and as to Divisibility
Instances of Sharing in Joint and/or Solidary Debts
Two. Solidary Debtors Solidary Joint Creditors
Remission of Debt to Any Debtor:
Three. Solidary Debtors and Joint Creditors
Four. Joint Debtors and Solidary Creditors
Solidary Creditors' Actions
Defenses Available to a Solidary Debtor
Rule One: Integrity of Performance (How?)
Rule Two: Identity of Payment (What?)
As to Monetary Obligations
Checks and Negotiable Instruments
Extraordinary Inflation and Deflation
Rule three: Place of Payment (Where?)
Stipulation or agreement that it will extinguish only to the extent of the property's fair value
As Compared to Dacion en Pago
d. Tender of Payment AND Consignation
• Thus, when is the obligation extinguished?
Implied (Passive) Condonation
CONFUSION OR MERGER OF RIGHTS
• Not available on the following debts:
Subrogating a Third Person in the Rights of the Creditor