Obligations: General Provisions

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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

(A) PURE AND CONDITIONAL OBLIGATIONS - As to Perfection and Extinguishment

Unilateral Obligation

Retroactive Effects in Suspensive Conditions

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

(One) Simple Obligation

(C) ALTERNATIVE AND FACULTATIVE OBLIGATIONS

Definition

DIVISIBLE

(F) 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

Payment / Performance means:

XPNs

Requisites:

(One) Provisions as to the Payor

if it rebounds to the benefit of the creditor (benefit must be proven)

XPNs:

Legal Tender

Negotiable Instruments and Checks

(Four) Place of Payment

a) Dation in Payment (Dacion en pago)

b) Application of Payments

Requisites:

c) Payment by Cession or Assignment (Cession en pago)

Dacion in Payment versus Cession or Assignment

Tender of Payment

Consignation

Requisites:

(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 provides a comprehensive overview of obligations, defining what constitutes an obligation, including civil and natural obligations. It elucidates the sources of obligations, legal ties, and the responsibilities of both creditors and debtors.

Key Points

1An obligation is a juridical necessity to perform a certain act, either to give, do, or not do something
2Civil obligations allow right of action, while natural obligations do not grant such rights
3Obligations can arise from law, contracts, quasi-contracts, or torts
4The document outlines various types of obligations and the remedies available for breach
5Delay in obligation requires creditor's demand for compliance to incur default.

Details

Category: Law and Legal Studies

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