OBLIGATION SORIANO MADE QUICKER.

Use at your own risk.

----------------------------------

Obligation - a juridical necessity to give to do or not to do.

Requisites

Active subject

Passive subject

Prestation efficient cause.

Civil obligation vs natural obligation

Civil obligation is positive law so enforcable by court

Natural obligation is based on natural law so not enforcable by court action.

Sources of obligation

Law

Contract

Quasi contract

- negotiorum gestion

-solutio indebiti

-others

Delicst/crime

Quasi delicts
NATURE AND EFFECT OF OBLIGATION

Determinate thing and generic thing.

-Determinate if specific or particually designated or physically segregated from others

-Generic if not determinate

Why to know?

Loss of determinate thing through fortitous event exthinguishes obligation.

Obligation of one Obliged to give a determinate thing

1. To take care of thing with the diligence of a good father of family unless agreement or law requires
another standard of care

2. To deliver the thing

3. To deliver the fruits

-kinds of fruits

Natural fruits

Industrial fruits

Civil fruits

The creditor has personal right to the fruit from the obligation to deliver arises but no real right to it.

When obligation to deliver arises

/if pure obligation -from the period of perfection

/if subject to suspensive period or condition- fulfillment of condition.

Rights of creditor

Personal right- can enforced of one person to other.

Real right- right or power over a specific thing

, enforcable againts the world

4. To deliver its accessions and accessories even not mentioned

/accessions - everything produced by or attached to the things

/accessory- for better use, perfection or enjoyment.

Remedies of creditor
If the debtor fails to*

*deliver determinate thing

- compel to make delivery

-demand damages

*deliver generic thing

-ask debtor to comply at debtor expense

-demand damages to debtor

*to perform obligations in obligation to do or perform it but contravened the tenor thereof

*the creditor may ask third person to do it at expense of debtorr

*may demand damages

*perform the obligation not poorly

-credito may have the same undone at expense of debtor

-may demand damages

*not do what is forbidden to him

- may demand what is done to be undone

-Demand damages from debtor.

Grounds for liability to pay damages

1.fraud

2. Negligence

3. Delay
4. Contravention of the tenor of the obligation

Damages

1.Damages

-harm done

-some of money that may be recovered in reperation for the harm done.

Injury

-wrongful unlaw ful tortious act that causes harm to others.

2. Kinds of damages

A. Actual or compensatory
B. Moral

C. Nominal

D. Temperate or moderate

E. Liquidated damages

F. Exemplary or corrective damages

3. Proof of precutionary loss

A. Actual - proof is required

B. Other damages- proof is nit required.

Fraud

Kinds of fraud

-According to meaning
1. Causal fraud or dolo causante

2. Incedental fraud or dolo incidente.

Fraud in the performance of the obligation or Evading in the fullfillment.

-according to commision

A waiver of future fraud is void, whilrle waiver of pasr fraud is valid.

Negligence

1.Negligence

-ommission of diligence which is required by the nature of the obligation

2. Test of negligence
3. Diligence to be observed

-atleast diligence of good father unless circumstances provides otherwise.

Kinds of negligence.

Culpa conrtactual

Culpa aquilana

Culpa criminal.

Delay or mora

1.Dalay or default or mora is the non fulfilment of an obligation with respect of time.

2. Kinds

A.Mora solvendi- dalay on the part of the debtor

1. Ex re- delay in real obligation

2. Ex persona- delay in personal obligation

B. Mora accipiendi -delay in part of creditor, delay in acceptance.

C. Compensatio morae

Delay in reciprocal obligation.

3. Requisites of delay in obligation to give or to do.

If the creditor demands and the obligation is demandable already, the debtor doues not perform the
obligation , the creditor demands the obligation either juridical or extra juridically and the debtor failed
to comply with that demand.

No need for demand if

The law so provides

When the obligation expressly so declares

When time is the essence

When demand is useless

In reciprocal obligation, if other party has fullfiled the obligation.

4. Effects of delay.

On part of debtor

1. Debtor shall liable for damages

2. If delay in delivery of determinate thing, he is liable in fortitous events

On part of creditor
1. He shall bear the risk of loss and shoulder the expenses for preservation of thing

2. The debtor may resort to consignation.

Fortitous events

Fortitous events

1. Fortitous events are thoses events that cannot be forseen or if can be forseen is inevitiable.

Incluedes act of God and act of man.

2. Elements

-Must be independent of debtors will.

-impossible