ENUMERATIONS Prescription

1198. Consignation alone (without tender of payment) when:

1157. Obligations arises from: 1. Absent or unknown at the place of payment
1. Law; 2. Incapacitated to receive payment
2. Contracts; 3. Without just cause, refuses to give receipt
3. Quasi-contracts; 4. Two or more persons claim the same right to collect
4. Acts or Omissions punished by law (delict) 5. Title of the obligation has been lost
5. Quasi-delicts
1279. Legal Compensation
1169. Demand is not needed when: 1. Be bound principally of each other;
1. Obligation or the law expressly declared 2. Object: Sum of money or consumable of same kind and quality
2. When from the nature and circumstance, time is controlling: time is of the essence 3. Both debts are due
3. Demand would be useless because beyond his power to perform 4. Liquidated and demandable
4. Reciprocal obligations simultaneous; one already performed 5. No retention or controversy and communicated

1170. Claim damages when: 1287. No Compensation

1. Fraud 1. Depositum
2. Negligence 2. Obligations of a depositary or of a bailee in commodatum
3. Delay
4. Contravene on the tenor 1291. Novation
1. Changing their object or principal conditions;
1189. During pendency of the condition: 2. Substituting the person of the debtor;
1. If the thing is lost without the fault of the debtor extinguished 3. Subrogating a third person in the rights of the creditor.
2. If the thing is lost throught the fault of the debtor obliged to pay damages:
it is lost when it perishes, goes out of commerce, disappears cannot be 1302. Legal Subrogation:
recovered 1. When a creditor pays another creditor who is preferred, even without the
3. Deteriorates without fault- impairment is to be borne by the creditor debtors knowledge;
4. Deteriorates through fault of the debtor: may choose recission or 2. When a third person, not interested in the obligation, pays with the express
fulfillment with damages or tacit approval of the debtor
5. Improvement by nature inure to the benefit of the creditor 3. When, even without the knowledge of the debtor, a person interested in the
6. Improvement expense of debtor usufructuary rights fulfillment of the obligation pays, without prejudice to the effects of
confusion as to the latters share.
1198. Lose the benefit of the period when:
1. He becomes insolvent, unless give a security or guaranty 1318. Contract requisites:
2. Does not furnish promised securities or guaranties 1. Consent
3. Impaired securities or guaranties, unless he gives immediately a security or 2. Object
guaranty of equal or satisfactory value 3. Cause
4. Violates any undertaking in consideration of which creditor agreed to the
period 1327. Cannot consent:
5. Attempts to abscond 1. Unemancipated minors
2. Insane demented persons
1231. Obligations are extinguished by:
1. Payment or performance Voidables
2. Loss of the thing due Consent given by/through:
3. Condonation or remission 1. Unemancipated minors (1327)
4. Confusion or merger 2. Insane demented person
5. Compensation 3. Under hypnotic spell (1328)
6. Novation 4. Mistake (1330)
5. Violence
Annulment 6. Intimidation
Rescission 7. Undue influence
Resolutory Condition fulfilled 8. Fraud
 3. Cause or object did not exist at the time of the transaction
1366. No reformation in the following cases: 4. Object is outside the commerce of men
1. Simple donations inter vivos wherein no condition is imposed; 5. Impossible service
2. Wills; 6. Intention is relative and cannot be ascertained
3. Real agreement is void. 7. Expressly prohibited or declared void by law

1381. Rescissible contracts: 1437. Immovable property estopped:

1. Those which entered by guardians whenever the wards whom they represent
suffer lesion by more than of the value of the things which are the object
thereof;
2. Those agreed upon in representation of absentees, if the latter suffer the
lesion stated in the preceding number
3. Those undertaken in fraud of creditors when latter cannot in any other 1108. Prescription run against:
manner collect claims due them;
4. Those which refer to things under litigation if they have been entered into by
the defendant without the knowledge and approval of the litigants or of
competent judicial authority
5. All other contracts specially declared by law to be subject to rescission.
1. Concealed true facts
2. Misrepresented
3. Misled
4. Defrauded
1. Minors/Incapacitated with guardians/ legal representation
2. Absentees who have administrators, either appointed by them before their
disappearance, or appointed by the courts;
3. Persons living abroad, who have managers or administrators;
4. Juridical persons, except the State and its subdivisions

1390. Voidable or annullable: 1144. Right of action in 10 years:

1. Those where one of he parties is incapable of giving consent to a contract; 1. Written contract
2. Those where the consent is vitiated by mistake, violence, intimidation, undue 2. Obligation created by law
influence or fraud. 3. Judgment

1403. Uneforceable Contracts 1145. Right of action in six years

1. Those entered into the name of another person by one who has been given 1. Oral contract
no authority, or legal representation, or who has acted beyond his powers; 2. Quasi-contract
2. Those who doesnt comply with the statute of frauds
a. Not performed within a year from the making thereof 1146. Right of action in four years:
b. A special promise to answer for the debt, default, or miscarriage of 1. Injury to the rights
another 2. Quasi-delict
c. An agreement made in consideration of marriage
d. Sale of goods, chattels. Not less than 500 pesos (auctioner in the 1147. Right of action in one year:
books is sufficient) 1. Injury to the rights
e. Lease of more than 1 year 2. Quasi-delict
f. A representation as to the credit of a 3rd person
3. Both incapacitated persons

1409. Inexistent and Void Contracts:

1. Cause or object or purpose is invalid
2. Absolutely simulated contract