General Provisions on Obligations

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Obligation

One. Civil Obligations give a right of action to compel their performance. Example: −

→ Civil Obligation of parents to give support to their children under Family Code

Two. Natural Obligations

− based on equity and natural law. − do not grant a right of action to enforce their performance o but after voluntary fulfillment by the obligor - they authorize the retention of what has been delivered or rendered by reason thereof.

Essential requisites of an obligation.

LEGAL OBLIGATIONS

One point one point two Sources of Obligations

Thing: Specific or Determinate

Two. Ancillary: (Article one thousand one hundred seventy-seven)

Personal Obligations

Waiver of Fraud

Requisites:

Requisites

DIFFERENT KINDS OF OBLIGATIONS

Two. Secondary classification

Pure and Conditional Obligations - As to Perfection and Extinguishment

Condition versus Period

Classifications

Unilateral Obligation

Retroactive Effects in Suspensive Conditions

Kinds of Term

ARTICLE one thousand one hundred ninety-six - Benefit of the Period

ARTICLE one thousand one hundred ninety-eight - Debtor's Loss of Benefit of the Period

Simple Obligation

Alternative and Facultative Obligations

Definition

Multiple Parties

DIVISIBLE

Obligations with a Penal Clause

Proof of actual damages suffered by the Creditor:

Nullity of the Penal Clause

Nullity of the Obligation

Payment of PENALTY instead of fulfillment of the obligation

Reduction of Penalty: The courts can reduce the penalty whenever:

EXTINGUISHMENT OF OBLIGATIONS

The following are other causes of extinguishment of obligations governed elsewhere in this Code

Payment or Performance means:

X P Ns

Requisites:

One. Identity

(One) Provisions as to the Payor

Payment may be made to:

Payment to a third person

X P Ns:

Legal Tender

Negotiable Instruments and Checks

(Four) Place of Payment

Dacion in Payment versus Cession or Assignment

Tender of Payment

Consignation

(Three) Condonation or Remission of the Debt

Accessory Obligations

Four. Confusion / Merger

Requisites:

Guarantors

Five. Compensation

Six. Novation

Requisites:

Subrogation

Other Kinds of Damages

Moral Damages

Overview

The document outlines the nature and types of legal obligations, explaining concepts such as civil and natural obligations, their sources, and the legal frameworks governing their enforcement. It also delves into the rights and responsibilities of both creditors and debtors within these obligations.

Key Points

1An obligation is a juridical necessity to give, do, or not do something
2Obligations arise from law, contracts, quasi-contracts, and acts punished by law
3Civil obligations can be enforced, while natural obligations are based on equity
4The document describes various kinds of obligations and the remedies available for breach of these obligations

Details

Category: Law and Legal Studies

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