Académique Documents
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Requisites of Obligations
Sources of Obligations
Law
Contracts
the meeting of minds between two
persons whereby one binds himself
with respect to the other to give
something or to render service.
Quasi-contracts
the act of a person, permitted by
law, by which he obligates himself
towards another, or by which
another binds himself to him,
without any agreement between
them.
Quasi-delicts
a legal wrong, committed
through fault or negligence,
on a person or property,
independent of contract.
Requisites of Quasi-delicts
An act or omission;
Accompanied by fault or negligence;
Causing damage to another;
There must be no pre-existing
contractual relation between the parties.
produces
obligation upon
the
the
Alternative Obligations
is one wherein various things are due, but
the payment of one of them is sufficient,
determined by the choice which as a
general rule belongs to the obligor.
EXTINGUISHMENT OF OBLIGATIONS
By Payment or Performance payment means not only
the delivery of money but also the performance, in any
other manner, of an obligation.
By the loss of the thing due when it perishes or goes
out of commerce or disappears in such a way that its
existence is unknown or it cannot be recovered.
By the condition or remission of the debt it is an act
of liberality by which the oblige, who receives no price
or equivalent thereof, renounces the enforcement of
the obligation, which is extinguished in its entirely or in
that part or aspect of the same to which the remission
refers.
EXTINGUISHMENT OF OBLIGATIONS
By the confusion or merger of the rights of
creditor and debtor it is the meeting in one
person of the qualities of obligee and obligor
with respect to the same obligation.
By compensation takes place when two
persons, in their own right, are creditors and
debtors of each other.
By novation it is the change, substitution, or
renewal of an obligation or obligatory relation,
with the intention of extinguishing or
modifying essentially the former(new debt for
old debt).
CONTRACTS
Elements of Contracts
Essential Elements
consent of the parties
object or subject matter
cause or consideration
Natural elements are those the existence of which is resumed by law
unless there is an agreement to the contrary
Accidental elements consist of the unusual stipulation of the parties
such as conditions, terms, etc.
Stages of a Contract
Preparation or Conception
Perfection or Birth
Consummation or Termination
Consummation or Termination
Juan delivers the horse to Pedro and the same is accepted.
Pedro gives the amount P2,000.00 as purchase price and the
latter receives it. In here, the contract is consummated and
terminated.
Classification of Contracts
Express and Implied Contracts is one written in the intent of the parties is shown by
words, oral or written.
Executed and Executory Contracts
Executed contract is one that has already been performed
Executory contract is one that is not yet performed
Consensual and Real Contracts
Consensual contract is one perfected by mere consent
Real contract is one perfected by the delivery of the thing which is the object
of the contract
Unilateral and Bilateral Contracts
Unilateral contract only one of the parties has an obligation
Bilateral contract both parties has an obligation
A, for and in consideration of P1,000.00, entered into a contract with B whereby the
latter agreed to murder C.
Against morals No contact may be entered into which is against virtuous conduct
and ethical precept.
A entered into a contract with B whereby for and in consideration of P1,000.00 the
latter agrees to live with A without the benefit of marriage.
Contrary to good customs The contracting parties are prohibited from entering into
contracts which conflict with good and established practice or customs.
Pedro and Maria decided to get married on October 10, 2007. Invitations were printed
and distributed to relatives and friends and apparel were purchased including
matrimonial bed. Pedro, however walked out of it and was never heard of again.
Contrary to public order Signifies the public weal which are permanent and essential
in institutions.
An agreement that the creditor can use force or violence to compel the debtor to pay is
contrary to public order.
Contrary to public policy Refers not only to public safety but also to considerations
which are moved by the common good.
A entered into a contract with B whereby A will not enter into any enterprise whatever
in the Philippines. This is against public policy as it is a contract in restraint of trade.
REFORMATION OF INSTRUMENTS
Reformation is a remedy in equity by means of which a written
instrument is made or construed so as to express or conform to the
real intention of the parties when some error or mistake has been
committed.
Requisites of Reformation
DEFECTIVE CONTRACTS
Types of Defective Contracts
Rescissible Contract
Voidable Contracts
Unenforceable Contracts
Void or Inexistent Contracts
DAMAGES
Damages is the sum of money which the law awards or imposes
as percuniary compensation, recompense, or satisfaction for an
injury done or a wrong sustained as a consequence either of a
breach of a contractual obligation or a tortious act.
Types of Damages
Nominal Damages these are small and trivial sums awarded for
a technical injury due to a violation of some legal right, and as a
consequence of which some damages must be awarded to
determine the right.