NATURE AND EFFECTS OF OBLIGATION

DETERMINATE

GENERIC

LAW
Obligations of one 1.to take of care
obliged to give a the thing
thing. STIPULATION

DILIGENCE OF A GOOD FATHER OF A FAMILY

ACTUAL
2.To deliver the
thing
CONSTRUCTIVE

NATURAL

INDUSTRIAL
3.To deliver the
fruit
CIVIL
Pure Obligation
WHEN Personal
TO Right Obligation w/a period
DELIVER
Obligation w/a condition
When
creditor
has rights
over the
fruits. Real Right

4.To deliver
accession
and
accessories
 Determinate thing Specific performance
Remedies of the +
Obligation to give
creditor in case of Damages
non-performance of
Generic thing
Comply at the
expense of the debtor
+
Damages

Comply at the
expense of the debtor
If non- complied (non- performance) +
Damages
Obligation to do

If complied w/ contravention of terror

Executed at the expense of the debtor
+
Damages
If done poorly

Undone at the expense of the debtor/executed at the expense of the debtor

+
Damages

Undone at the expense of the debtor/executed at the expense of the debtor

+
Damages
Obligation not to do
 Remedies of the creditor in a
monetary obligations

Ground for liabilities to pay damages

KINDS OF 1. MENTAL DAMAGES
DAMAGES 2. EXEMPLARY DAMAGES
(MENTAL) 3. NOMINAL DAMAGES
4. TEMPORATE DAMAGES
5. ACTUAL DAMAGES/COMPENSATORY
DAMAGES
6. LIQUIDATING DAMAGES

AS TO
GROUNDS 1.FRAUD PURPOSE
(DOLO) DEFINITION
AS TO
COMMISSION

TYPE
 WITH DAMAGES

CAUSAL/DOLO CAUSANTE ANNULMENT

IN OBTAINING CONSENT
INCIDENTAL/DOLO INCIDENTE
IN THE PERFORMANCE OF
OBLIGATION

PAST FRAUD

FUTURE FRAUD
2.NEGLIGENCE DEFINITION

ACCORDING
TYPES
TO DEGREE 1. CULPA LATA
2. CULPA LEVIS
3. CULPA LEVISSIMA

ACCORDING
TO SOURCE 1. CULPA CONTRACTUAL
2. CULPA AQUILIANA
4. DELAY
DEFINITION 3. CULPA CRIMINAL
(MORA)

TYPES ACCORDING TO PERSON EX RE

1. MORA SOLVENDI EX PERSONA

2. MORA ACCIPIENDI
3. COMPENSATIO
MORAE
ACCORDING TO TIME
ORDINARY DELAY

RULES ON LEGAL DELAY

LEGAL DELAY

5.CONTRAVENTION OF TERROR