STUDY AID - LAW ON OBLIGATIONS (Article one thousand one hundred fifty-six to Article one thousand three hundred four Civil Code)

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STUDY AID - LAW ON OBLIGATIONS (Article one thousand one hundred fifty-six to Article one thousand three hundred four Civil Code)

OBLIGATION - a juridical necessity to give, to do or not to do.

SOURCES:

One. Law (obligation ex lege)

Two. Contracts (obligation ex contractu)

Three. Quasi-contracts - lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another.

Common Kinds:

REQUISITES of a valid obligation:

RELATED TERMS:

OBLIGATIONS OF THE DEBTOR:

CIRCUMSTANCES AFFECTING OBLIGATIONS:

Kinds of Damages: (MENTAL)

DELAY (Mora)

EXCEPTIONS:

FRAUD (Dolo)

Kinds of Dolo:

NEGLIGENCE (Culpa)

TEST: Diligence of a good father of a family.

BREACH OF OBLIGATIONS:

RIGHTS OF THE CREDITOR:

Two. Involuntary - debtor is not liable for damages.

GENERAL RULE: No liability in case of fortuitous event EXCEPTIONS:

Examples:

RELATED RULES:

PRESUMPTIONS:

KINDS OF OBLIGATIONS

PRIMARY CLASSIFICATION

Conditional obligation

Characteristics of a condition:

Two principal kinds of condition:

Other Kinds of Conditions:

Rules in case of imposition of impossible condition

Exceptions:

Retroactive effect of the fulfillment of a condition:

Rules during the pendency of the fulfillment of a suspensive condition:

Obligation with a period

WHEN THE DEBTOR LOSES THE RIGHT TO MAKE USE OF THE PERIOD

Alternative obligation

Limitations:

Facultative obligation

Effect of loss in facultative obligations:

Joint obligation

Words used to indicate joint liability:

Solidary obligation

Words used to indicate solidary liability:

Exceptions: There is solidarity only when:

Kinds of Solidarity:

RELATED RULES:

Divisible obligation

Indivisible obligation

INDIVISIBILITY

When penalty may be reduced:

MODES OF EXTINGUISHING AN OBLIGATION:

PAYMENT OR PERFORMANCE - the delivery of the sum or thing due or the

Exceptions:

Rights of the third party who paid the obligation of another:

Rules in Monetary obligations:

APPLICATION OF PAYMENT

DATION IN PAYMENT (dacion en pago)

PAYMENT BY CESSION (cession en pago)

CONSIGNATION

Exceptions:

LOSS OF THE THING DUE

EFFECT OF LOSS

REMISSION OR CONDONATION

Requisites:

CONFUSION OR MERGER OF RIGHTS

COMPENSATION

Requisites of compensation:

Debts Not Susceptible of Compensation:

NOVATION

Requisites:

Kinds of Novation:

Overview

The document outlines key concepts of obligations as defined by the Civil Code, including their types, requisite conditions, and implications for both creditors and debtors. It serves as a comprehensive guide for students and practitioners of law.

Key Points

1Obligations can arise from law, contracts, or quasi-contracts
2The creditor is entitled to damages in case of breaches by the debtor
3Types of obligations include unilateral, bilateral, determinate, and generic
4Various categories of damages exist, including moral, nominal, and actual
5Performance of obligations may be affected by circumstances such as delay or fraud

Details

Category: Law and Legal Studies

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