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Essential Requisites of an oblgation judicial demand upon the creditor and the latter
a. A passive subject (called debtor or obligor) or failed to comply to such demand.
the person who is bound to the fulfi llment of the
obligation; he who has a duty; 6. Demand by the creditor is not necessary in order
b. An active subject (called creditor or obligee) or that delay may exist in the following instances:
the person who is entitled to demand the fulfi a. When the law expressly so declares
llment of the obligation; he who has a right; b. When the obligation itself so stipulates
c. Object or prestation (subject matter of the c. When time is of the essence
obligation) or the conduct required to be d. When demand is useless as when obligor has
observed by the debtor. It may consist in giving, rendered it beyond his power to perform
doing, or not doing. (see Art. 1232.) Without the e. When there is performance by a party in
prestation, there is nothing to perform. In reciprocal obligations
bilateral obligations (see Art. 1191.), the parties
are reciprocally debtors and creditors; and 7. From the moment a party in reciprocal obligations
d. A juridical or legal tie (also called effi cient fulfi lls or is ready to fulfi ll his obligation, delay by
cause) or that which binds or connects the the other begins. Where the parties fi x a period for
parties to the obligation. The tie in an obligation the performance of their reciprocal obligations,
can easily be determined by knowing the neither party can demand performance nor incur in
source of the obligation. (Art.1157.) delay before the expiration of the period.

2. Obligation of the debtor: 8. Culpa contractual is made when there is


Determinate things negligence in the performance of a pre-existing
a. Specific Performance; contract while Culpa aquiliana is where the
b. Take care of the thing with the proper diligence negligence is the cause of the obligation, there
of a good father of a family unless another being no pre-existing contract between the parties
degree is required by law or stipulation; (quasi-delict or torts).
c. To deliver the accessories and accessions of
the thing even though they have not been 9. Kinds of fortuitous event:
mentioned; a. Ordinary fortuitous events or those events
d. Pay damages in case of breach of the which are common and which the contracting
obligation by reason of delay, fraud, negligence parties could reasonably foresee; and
or contravention of the tenor thereof. b. Extraordinary fortuitous events or those events
Generic things which are uncommon and which the
a. Deliver the thing which is not of inferior quality contracting parties could not have reasonably
b. Pay damages in case of breach of the foreseen.
obligation by reason of delay, fraud, negligence
or contravention of the tenor thereof. 10. Requisites that must concur in order that an obligor
or debtor shall be exempted from liability by reason
3. Object is lost or destroyed through fortuitous event. of a fortuitous event:
Generally the debtor or obligor cannot be held a. The event must be independent of the human
liable except when: will or at least of the obligor’s will;
a. Expressly stipulated by the parties b. The event could not be foreseen
b. The nature of the obligation requires the (unforeseeable), or if it could be foreseen,
assumption of risk must have been impossible to avoid
c. The debtor has incurred in delay or is guilty of (unavoidable);
fraud, negligence or contravention of the tenor c. The event must be of such a character as to
of the obligation render it impossible for the obligor to comply
d. The debtor has promised to deliver the same with his obligation in a normal manner; and
thing to two or more different persons who do d. The obligor must be free from any participation
not have the same interest in or the aggravation of the injury to the
e. The thing to be delivered is indeterminate or obligee.
generic
f. The obligation to deliver a specific thing arises 11. The debtor or obligor is liable despite breach of an
from a crime obligation due to fortuitous event when:
g. The bailee in commodatum allowed a third a. Expressly stipulated by the parties
person to use the thing borrowed b. The nature of the obligation requires the
assumption of risk
4. Default or mora or legal delay is the failure to c. The debtor has incurred in delay or is guilty of
perform an obligation on time which failure fraud, negligence or contravention of the tenor
constitutes a breach of the obligation. The different of the obligation
kinds of mora are: d. The debtor has promised to deliver the same
a. Mora solvendi which is the default on the par t thing to two or more different persons who do
of the debtor not have the same interest
b. Mora accipiendi which is the default on the part e. The thing to be delivered is indeterminate or
of the creditor generic
c. Compensatio morae which is the default by f. The obligation to deliver a specific thing arises
both of the parties in reciprocal obligations from a crime
g. The bailee in commodatum allowed a third
5. An obligor or debtor incurs in delay when the person to use the thing borrowed
obligation is already due and demandable and the
oblige or creditor has made a judicial or extra-
12. The effects of suspensive and resolutory conditions d. Loss through fault of debtor. — (a) In the first,
are distinguished as follows: the loss of one of the alternatives through the
a. If the suspensive condition is fulfi lled the fault of the debtor does not render him liable,
obligation arises or becomes effective, while if a while in the second, the loss of the thing due
resolutory condition is fulfilled the obligation is through his fault makes him liable; and (b) In
extinguished; the fi rst, where the choice belongs to the
b. If the suspensive condition does not take place creditor, the loss of one alternative through the
the tie of law (juridical or legal tie) is not created fault of the debtor gives rise to liability, while in
or does not appear, while if the resolutoy the second, the loss of the substitute before the
condition does not take place the tie of law is substitution through the fault of the debtor does
consolidated; and not render him liable; and
c. Until the suspensive condition takes place the e. Nullity of prestation. — (a) In the first, the nullity
existence of rights are not yet acquired but the of a prestation does not invalidate the others,
obligation is a mere hope or expectancy that while in the second, the nullity of the prestation
they will soon be acquired, while in resolutory agreed upon invalidates the obligation; and (b)
condition until the condition takes place the in the first, the debtor or creditor shall choose
effects flow or the rights are already acquired, from among the remainder, while in the second,
but over it hovers the possibility of termination the debtor is not bound to choose the
or subject to the threat or danger of extinction. substitute.

13. The distinctions between a condition and a term or 15. Abe is already in ordinary delay but according to
period are as follows: the civil code in order that Abe be in legal delay or
a. As to fulfillment. — A period is a certain event default or mora demand, judicial or extra-judicial, is
which must happen sooner or later at a date necessary. The foregoing facts of the case do not
known beforehand, or at a time which cannot show the instances where demand is not needed in
be determined, while a condition is an uncertain order for one to be in legal delay.
event;
b. As to time. — A period refers only to the future, 16. The action will not prosper. Carlo cannot compel
while a condition may refer also to a past event Derek to pay through the court because the period
unknown to the parties; stipulated in the obligation has not come therefore
c. As to influence on the obligation. — A period the obligation has no effect yet. The remedy of
merely fixes the time for the efficaciousness of Carlo would be to wait for the period to come or to
the obligation. If suspensive, it cannot prevent go to the court and ask to set the period of the
the birth of the obligation in due time; if obligation
resolutory, it does not annul, even in fiction, the
fact of its existence. On the other hand, a
condition causes an obligation to arise or to
cease. Because of this difference, a period
does not carry with it, except when there is a
stipulation expressly made by the parties, the
same retroactive consequences that follow a
condition;
d. As to effect, when left to debtor’s will. — A
period which depends upon the will of the
debtor empowers the court to fix the duration
thereof, while a condition which depends upon
the sole will of the debtor invalidates the
obligation; and
e. As to retroactivity of effects. — Unless there is
an agreement to the contrary, the arrival of a
period does not have any retroactive effect,
while the happening of a condition has
retroactive effect.

14. The distinctions between a facultative obligation


and an alternative obligation are as follows:
a. Number of prestations. — In the first, several
prestations are due but compliance with one is
sufficient, while in the second, only one
prestation is due although the debtor is allowed
to substitute another;
b. Right of choice. — In the first, the right of
choice may be given to the creditor or third
person, while in the second, the right to make
the substitution is given only to the debtor;
c. Loss through fortuitous event. — In the first, the
loss of one or more of the alternatives through a
fortuitous event does not extinguish the
obligation, while in the second, the loss of the
thing due extinguishes the obligation;

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