ypqo-2026-02-06_13_52_45-rfbt-obligation.pdf
KINDS OF OBLIGATIONS AS TO BASIS AND ENFORCEABILITY
Requisites of an Object or Prestation of an Obligation:
ESSENTIAL ELEMENTS OF OBLIGATION
Obligations of the officious manager:
NOMINATE QUASI-CONTRACTS:
Other example of Quasi-Contracts:
Five. QUASI-DELICTS (Obligations ex quasi-delicto or ex quasi-maleficio)
Persons Exempt from Both Civil and Criminal Liability:
Four. DELICT (Obligations ex maleficio or ex delicto)
Quasi-Delict versus Crime/Delict
MULTIPLE SOURCES OF OBLIGATIONS: a single act can be the source of multiple sources of obligations.
CONCURRENT OBLIGATIONS IN OBLIGATIONS TO GIVE A
NATURE AND EFFECT OF OBLIGATIONS
DAMAGES - an action for damages may be demanded in case of non-fulfillment of an obligation.
REMEDIES FOR BREACH OF OBLIGATIONS
SPECIFIC CIRCUMSTANCES AFFECTING OBLIGATIONS IN GENERAL
Requisites of Accion Pauliana
Requisites of Accion Subrogatoria
Contract of common carrier - Extraordinary diligence on the part of common carrier
Examples of degree of care required by law:
Kinds of Negligence as to SOURCE:
WHEN CONSIDERED IN DEFAULT: General Rule: upon demand, which may be judicial or extrajudicial.
Obligation Not To Do: there is no delay in obligations not to do.
Five. FORTUITOUS EVENT: is an excuse for non-performance.
EFFECT OF FULFILLMENT OF CONDITIONS:
one. Fruits or interests in obligations to give
two. Period of prescription - counted still from the time the condition was fulfilled.
DEBTOR'S LOSS OF BENEFIT OF THE PERIOD: the debtor loses the right to make use of the period in the following cases:
THE COURTS CAN FIX THE PERIOD IN THE FOLLOWING CIRCUMSTANCES:
one. Ex die - a period with a suspensive effect.
five. Judicial - those fixed by courts.
AS TO PLURALITY OF PRESTATION
Payment by Mistake during pendency of the suspensive condition or period:
AS TO RIGHTS AND OBLIGATIONS OF MULTIPLE PARTIES
Right of choice belongs to:
Solidarity arises when the obligation:
Examples of Total Defenses:
ENFORCEMENT OF SOLIDARY OBLIGATIONS:
MODES OF EXTINGUISHMENT OF OBLIGATIONS
OTHER CLASSIFICATIONS OF OBLIGATIONS
Other causes of extinguishment of obligations:
OBLIGATION WITH A PENAL CLAUSE
Provisions related to PAYMENT OR PERFORMANCE:
- Provisions as to the PAYEE Payment may be made to:
THING to be paid or delivered
Dacion en pago vs. Pactum Commissorium:
Three. Payment by Cession or Assignment
ILLUSTRATION: D is indebted to C, as follows:
Four. Tender of Payment and Consignation
Withdrawal of the Thing Deposited:
LOSS OF THE THING DUE OR IMPOSSIBILITY OF PERFORMANCE
Four. As to period of impossibility: Permanent or Temporary.
Three. As to extent: Partial or Total;
CONFUSION OR MERGER OF RIGHTS
When compensation may not be proper:
Objective or Real Novation
MULTIPLE CHOICE QUESTIONS