Вы находитесь на странице: 1из 5

c. Civil fruits: result of a juridical relation (ex.

OBLIGATIONS Rent of a building)

*creditor has the right to the fruits of a thing from
Requisites of obligation the time the obligation to deliver it arises.
1) Active subject (creditor/obligee) Obligation to deliver the thing arises
2) Passive subject (debtor/obligor) a. Pure obligation: from perfection
3) Prestation b. Obligation subject to suspensive period or
4) Efficient cause condition: upon the arrival of the term or
the fulfillment of the condition
Civil obligation vs natural obligation Rights of the creditor
Civil obligation a. Personal right/ jus in personam/ jus ad
o Based on positive obligation rem: may be enforced by one person on
o Enforceable by court action another
Natural obligation b. Real right/ jus in re: right or power over a
Not enforceable by court action specific thing which is a right enforceable
Exists in equity and moral judgment against the whole world
4) To deliver its accessions and accessories even if they
Sources of obligations have not been mentioned
1) Law: rule of conduct laid down by legitimate a. Accessions: everything that is produced by
authority for common observance; not presumed a thing or is incorporated or attached
2) Contracts: meeting of minds between two persons thereto
whereby one binds himself with respect to the other b. Accessories: those joined to or included with
3) Quasi-contracts: lawful and voluntary acts giving rise the principal thing for the latters better use,
to a juridical relation perfection, or enjoyment (ex. key)
a. Negotiorum gestio voluntart
administration of the property, business, or Remedies of the creditor
affairs of another without his consent or 1) Debtor fails to deliver a determinate thing
authority a. Compel the debtor to make the delivery
b. Solutio indebiti payment by mistake of an b. Demand damages from the debtor
obligaion which was not due when paid 2) Debtor fails to deliver a generic thing
4) Acts or omssions punishable by law: crimes or a. Ask that the obligation be complied with at
felonies the expense of the debtor
5) Quasi-delicts/ tort/ culpa aquiliana: acts or omissions b. Demand damages from the debtor
that cause damage to another there being no 3) Debtor fails to perform the obligation to do
contractial relation between the parties Debtor fails to perform, but contravenes the tenor
a. May have the obligation executed at the
Nature and effect of obligations expense of the debtor
Determinate thing: particularly designated or b. Demand damages from the debtor
physically segregated from all others of the same Debtor performs the obligation, but does it poorly
class a. May have the same be undone at debtors
o The loss of a determinate thing through a expense
fortuitous even extinguishes the obligation b. Demand damages from the debtor
Indeterminate/ generic thing: not particularly 4) Debtor does what has been forbidden him
designated or physically segregated a. May have the same be undone at debtors
Obligations of one obliged to give a determinate thing b. Demand damages from the debtor
1) To take good care of thing with the diligence of a
good father of a family To give To give To do Not to
2) To deliver the thing Det Th. Gen Th. do
3) To deliver the fruits of the thing Specific Yes No No No
Kinds of fruits performance
a. Natural fruits: spontaneous products of the Substituted No Yes Yes Yes
soil and the young and other products of perf c/o 3rd
Equivalent Yes Yes Yes Yes
b. Industrial fruits: those produced by land of
any kind through cultivation or labor
Damages Yes Yes Yes Yes
Grounds for liability to pay damages Negligence
1) Fraud: deliberate or intentional evasion by the debtor 1) Culpa contractual or contractual negligence:
of the normal compliance of his obligation negligence in the performance of a contract
2) Negligence: the omission of the diligence which is o Master-servant rule applies (the negligence
required by the nature of the obligation of the servant is the negligence of the
3) Delay: non-fulfillment of an obligation with respect to master)
time 2) Culpa aquiliana or civil negligence/ tort/ quasi-delict/
4) Contravention of the tenor of the obligation culpa extra-contractual: acts of omissions that cause
damage to another, there being no contractual
Damages relation between the parties
Damages vs injury o Master-servant rule does not apply
o Damages: harm done and the sum of 3) Culpa criminal or criminal negligence: negligence that
money that may be recovered results on the commission of a crime
o Injury: wrongful, unlawful or tortuous act
Kinds of damages Delay
1) Actual or compensatory damages: 1) Mora solvendi: delay on the part of the debtor
pecuniary loss that may be recovered a. Ex re: delay in real obligations (obligations
2) Moral damages: physical suffering, mental to give)
anguish, fright, and similar injury b. Ex persona: delay in personal obligations
3) Nominal damages: damages to vindicate a (obligations to do)
right Requisites of delay
4) Temperate or moderate damages: more a. Debtor has not performed his obligation
than nominal but less than compensatory b. Creditor demands the performance
5) Liquidated damages: agreed upon by the c. Debtor does not comply
parties to be paid in case of breach Exceptions
6) Exemplary or corrective damages: imposed a. When the law so provides
by way of example or correction for public b. When the obligation expressly so declares
good c. When time is of the essence of the contract
Proof of pecuniary loss d. When demand would be useless
o Actual damages: proof is required e. In reciprocal obligations where the
o Other damages: proof is not required; court obligations arise out of the same cause and
assesses the damage (exc for liquidated must be fulfilled at the same time
damages) *There is no delay in an obligation not to so as one
cannot delay for not doing something.
Fraud 2) Mora accipiendi: delay on the part of the creditor
Fraud in obtaining consent 3) Compensatio morae: delay in reciprocal obligations
1) Causal fraud or dolo causante: fraud (as if no delay)
without which consent would not have been
given Fortuitous events
*renders the contract voidable o Events that could not be foreseen, or which, though
2) Incidental fraud or dolo incidente: fraud foreseen, are inevitable
without which consent would have still been o No person shall be liable for this except when:
given but the person giving it would have 1) Law expressly provides for his liability even
agreed on different terms in case of fortuitous events
*contract is vaild but the party 2) When the parties have declared liability
employing it shall be liable for even in case of fortuitous event
damages 3) When the nature of the obligation requires
Fraud in the performance of the obligation the assumption of risk
o Contract is vaild but the party employing it o The burden of proving that the loss was due to
shall be liable for damages fortuitious even rests on him who invokes it.
According to time of commission
o Future fraud Remedies of creditor to enforce payment of his claims against
No waiver of an action debtor
o Past fraud 1. Pursue the property in the possession of the debtor,
Waiver of an action may be made except those exempt by law
2. Accion subrogatoria: exercise all rights and bring all affected by the impossible or unlawful condition
the actions of the debtor except those personal to shall be valid
him k. Indivisible: one that is not capable of partial
3. Accion paulinia: impugn the acts which the debtor performance by its nature or by law or
may have done to defraud his creditors agreement of the parties

Rule on transmissibility of rights and exceptions thereto Obligation with a period

o General rule: All rights acquired in virtue of an obligation o Demandability or extinguishment is subjected to the
are transmissible. expiration of the term which must necessarily come
o Exceptions: o Period: space of time which determines the effectivity or
1. If the law prohibits the transmission the right. extinguishment of an obligation
2. If the parties agreed against transmission. o Day certain: must necessarily come although it may not
3. If the right is by nature not transmissible. be know when
o Period vs condition
Primary Classifications of Obligations (POAMDO) Period: always refers to the future, and if it
o Pure and conditional depends upon the will of the debtor, it
o Obligation with a period authorizes the court to fix its duration
o Alternative and facultative Condition: refers to the future or to a past event
o Joint and solidary unknown to the parties, and if it is a suspensive
o Divisible and indivisible condition that depends upon the will of the
o Obligation with a penal clause debtor, shall annul the obligation
o Kinds
Pure obligation Ex die: with a suspensive condition
o Without a term or condition and is demandable at once In diem: with a resolutory effect
Legal: fixed by law
Conditional obligation Voluntary: fixed by the parties
o Demandability or extinguishment depends upon the Judicial: fixed by the court
happening of a condition o Period for the benefit of one of the parties
a. Suspensive/ condition antecedent/ condition o For the benefit of the debtor
precedent: happening of which gives rise to the o He cannot be compelled to perform his
obligation obligation before the expiration of the
the effect of the fulfillment of the term
suspensive condition retroacts to the o But he may choose to perform before
day of the constitution of the such expiration at his option
obligation but there shall be no o For the benefit of the creditor
retroactive effect with respect to the o He cannot be compelled to accept
fruits and interests in reciprocal and performance before the expiration of
unilateral obligations the term
b. Resolutory/ condition subsequent: happening of o But he may choose to demand
which extinguishes the obligation performance before such expiration at
c. Potestative: a condition that depends upon the his option
will of one of the contracting parties o When debtor loses his right to make use of the period if it
d. Casual: a condition that depends upon chance or is for his benefit, the creditor may demand immediate
upon the will of a third person payment when
e. Mixed: a condition that depends partly upon the a. When he becomes insolvent unless he gives a
will of one of the parties and partly upon chance guaranty or security for the debt
or upon the will of a third person b. When he fails to furnish the guaranties or
f. Possible securities that he has promised
g. Impossible: void c. When he impairs the said guaranties or
h. Positive: condition that some event happen at a securities by his own or when through a
determinate time fortuitous event they disappear, unless he gives
i. Negative: condition that some event will not new ones equally satisfactory
happen at a determinate time d. When he violates any undertaking in
j. Divisible: one that is capable of partial consideration of which the creditor agreed to the
performance; the part thereof which is not period
e. When he attempts to abscond
Substitute: no additional
Alternative obligation obligation
Kinds of obligations depending on the number of o After substitution
prestations Principal: no obligation
o Simple: only one prestation Substitute
o Compound: several prestations Due to fortuitous event,
Conjunctive: several prestations extinguished
are due but all must be performed Due to debtors fault,
Distributive or disjunctive: may pay damages
either be alternative or disjunctive
One where several prestations are due but the Joint and solidary obligation
complete performance of one of them is sufficient to Joint obligation: each debtor is liable only for a
extinguish the obligation proportionate part of the debt, and each creditor is
Right to choose prestation belongs to the debtor entitled only to a proportionate part of the credit
unless it has been expressly given to the creditor o Proportionately, pro rata, mancomunada,
When obligation ceases to be alternative and mancomunada simple
becomes a simple obligation Solidary obligation: each debtor is liable for the
o Debtor has communicated his choice to the whole obligation, and each creditor is entitled to
creditor demand payment of the whole obligation
o Only one practicable prestation o Jointly and severally, individually and
o Creditor has communicated his choice to collectively, in solidum, mancommunada
the debtor if the creditor is given the right solidaria, juntos o separadamente
of choice Kinds of solidary obligation
Rules in case of loss of things or impossibility of o Passive solidarity: solidarity on the part of
services which are alternatively the object of the the debtors
obligation o Active solidarity: solidarity on the part of
o When right of choice is with the debtor the creditors
Any of the remainder o Mixed solidarity: solidarity on the part of
All are lost through a fortuitous both debtors and creditors
event, extinguished The obligation is presumed to be joint when there is
All are lost through the debtors a concurrence of two or more debtors and/or two or
fault, pay the value of the last more creditors in one and the same obligation
thing that was lost + damages There is solidary liability only in the ff cases:
o When right of choice is expressly granted to o Obligation expressly so states
the creditor o Law requires solidarity
Any of the remainder o Nature of the obligation requires solidarity
All are lost through a fortuitous Remission made by any solidary creditor extinguishes
event, extinguished the whole obligation
One or some are lost through Remission of the whole obligation obtained by one of
debtors fault, any of the the solidary debtors does not entitle him to
subsisting or the price of those reimbursement from his co-debtors
lost + damages The creditor may proceed against any of the solidary
All are lost through the debtors debtors or some or all of them simultaneously
fault, pay the value of the last If an insolvent debtor cannot reimburse his share to
thing that was lost + damages the debtor who paid the obligation, such share shall
be borne by all his co-debtors, in proportion to the
Facultative obligation debt of each
Obligation where only one prestation is due but the Payment by a solidary debtor after the obligation has
debtor may render another in substitution prescribed or becomes illegal does not entitle him to
Rules in case of loss of principal and substitute reimbursement.
o Before substitution Solidarity exists although the creditors and the
Principal debtors may not be bound by the same periods and
Due to fortuitous event, conditions
extinguished A solidary creditor cannot assign his right to a third
Due to debtors fault, person without the consent of the other solidary
pay damages creditors. If the assignment is without the consent of
the co-creditors, the assignment is not valid as to 8) Rescission
them. 9) Fulfillment or resolutory condition
Joint indivisible obligation: an obligation where the 10) Prescription
debtors or creditors are jointly bound but the 11) Other causes
prestation or object is indivisible
Indivisibility of an obligation: subject matter or object Payment
not being susceptible of partial performance; Not only the delivery of money but also the performance
solidarity: tie between the parties. One does not of an obligation
imply or give rise to the other. How must the payment be made
o There must be delivery of the thing or rendition
Divisible and indivisible obligations of the service that was contemplated
Divisible obligation: one capable of partial o The payment or performance must be complete
performance Who must make the payment? Debtor who must possess
Indivisible obligation: one not capable of partial the ff:
performance o Free disposal of the thing due: the property
delivered should not be subject to any claim by
Obligations with a penal clause or encumbrances in favor of third persons
One which provides for a greater liability on the part o The capacity to alienate the thing
of the debtor in case of non-compliance o If the debtor does not have both of these, the
Penal clause: accessory undertaking on the part of payment shall not be valid
the debtor o Payment made to the creditor by the debtor
Proof of actual damages suffered by the creditor is ot after the debtor has been judicially ordered to
necessary in order that the penalty may be retain the debt shall not be valid. (garnishment:
demanded court order)
Kinds of penal clause Special forms of payment
o Legal: imposed by law o Dation in payment/ dacion en pago/
o Conventional: imposed by the agreement of adjudicacion en pago/ datio in solutum:
the parties ownership of property is transferred to his
o Subsidiary: when only the penalty may be creditor to pay his debt in money
enforced o Payment by cession: abandonment or
o Joint: when both the obligation and the assignment by the debtor of all his property in
penalty may be enforced favor of his creditors so that the latter may sell
General rule: the penalty takes the place of the them and recover their claims out of the
damages and interest in case of non-compliance proceeds
o Exceptions where damages and interest Dacion en pago Payment by cession
may also be demanded: pluraility of creditors is not there must be 2 or more
Where there is a stipulation to required creditors
that effect debtor may not be insolvent debtor is insolvent
When the debtor refuses to pay does not affect all the affects all the debtors
the penalty debtors properties properties, except those
When the debtor is guilty of fraud exempt from execution
in the performance of the creditor becomes the owner creditors are authorized to
obligation of the properties given as sell only the debtors
The nullity of the principal obligation carries with it payment properties
the nullity of the penal clause debtor is released as a rule debtor is not released as a
The nullity of the penal clause does not carry with it rule
that of the principal obligation
o Application of payment
Extinguishment of the obligations o Tender of payment and consignment
1) Payment or performance
2) Loss of the thing due
3) Condonation or remission of the debt
4) Confusion or merger of rights of creditor and debtor
5) Compensation
6) Novaton
7) Annulment