Professional Documents
Culture Documents
Articles On Philippine Obligation and Contracts
Articles On Philippine Obligation and Contracts
Introduction to Law:
-Law means any rule of action or any system
of uniformity.
- Divisions of Law:
a. Law which is promulgated & enforced
by the state
b. Law which is not promulgated and
enforced by the state.
State Law
- the law that is promulgated and enforced by the
state.
- also called positive law, municipal law, civil law,
or imperative law
Characteristics of law:
1. It is a rule of conduct.
2. It is obligatory.
3. It is promulgated by legitimate authority.
4. It is of common observance and benefit.
Sources of Law:
a. Constitution
b. Legislation
c. Administrative/ Executive orders,
regulations and rulings.
d. Judicial decisions or jurisprudence
e. Custom
f. Other sources
Classifications of Law:
1. As to purpose
Substantive Law vs. Adjective Law
2. As to subject matter
Public Law vs. Private Law
TITLE I OBLIGATIONS
Article 1156. An obligation is a juridical
necessity to give, to do, or not to do.
JURIDICAL NECESSITY juridical tie;
connotes that in case of noncompliance, there
will be legal sanctions.
Elements of an Obligation
1. Active subject ( Obligee/ Creditor) - one in
whose favor the obligation is constituted
2. Passive subject ( Obligor/ Debtor) - one who
has the duty of giving, doing or not doing.
3. Object (Prestation) - the conduct which has to
be observed by the debtor/obligor
PRESTATION (Object)
1.TO GIVE delivery of a thing to the creditor
(in sale, deposit, pledge, donation);
2.TO DO covers all kinds of works or services
(contract for professional services);
3.NOT TO DO consists of refraining from
doing some acts (in following rules and
regulations).
KINDS OF OBLIGATIONS:
From the viewpoint of subject matter (a)REAL OBLIGATION the obligation to give
(b)PERSONAL OBLIGATION the obligation
to do or not to do (e.g. the duty to paint a house,
or to refrain from committing a nuisance)
-POSITIVE OR AFFIRMATIVE
OBLIGATION the obligation to give or to do
-NEGATIVE OBLIGATION the obligation
not to do (which naturally inludes not to give)
- 2 kinds of quasi-contracts:
a.Negotiorum gestio - unauthorized management;
This takes place when a person voluntarily takes
charge of anothers abandoned business or
property without the owners authority.
b.Solutio indebiti - undue payment; This takes
place when something is received when there is
no right to demand it, and it was unduly delivered
thru mistake
Article 1160. Obligations derived from quasicontracts shall be subject to the provisions of
chapter 1, title 17 of this book.
Article 1161. Civil obligations arising from
criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177,
and of the pertinent provisions of Chapter 2,
Preliminary in Human Relations, and of Title 18
of this book, regulating damages.
Article 1162. Obligations derived from quasidelicts shall be governed by the provisions of
chapter 2, title 17 of this book, and by special
laws.
CHAPTER 2
NATURE AND EFFECT OF OBLIGATIONS
Article 1163. Every person obliged to give
something is also obliged to take care of it with
the proper diligence of a good father of a
family, unless the law or the stipulation of the
parties requires another standard of care.
DUTIES OF DEBTOR:
Preserve or take care of the things due.
DILIGENCE OF A GOOD FATHER a good
father does not abandon his family, he is always
ready to provide and protect his family; ordinary
care which an average and reasonably prudent
man would do.
FRUITS:
1.NATURAL spontaneous products of the soil,
the young and other products of animals;
2.INDUSTRIAL produced by lands of any
cultivation or labor;
3.CIVIL those derived by virtue of juridical
relation.
Art. 1165
*This provision applies to an obligation to give.
THREE SITUATIONS:
a)Debtors failure to perform an obligation
creditor may do the obligation, or by another, at
the expense of the debtor;
recover damages
KINDS OF DEFAULT:
a)MORA SOLVENDI delay on the part of the
debtor to fulfill his obligation;
REQUISITES:
1.failure of the obligor to perform obligation on the
DATE agreed upon;
2.demand (judicial/extrajudicial) by the creditor;
3.failure to comply with such demand
EFFECTS:
1)debtor liable for damages and interests
2)debtor liable for the loss of a thing due to a
fortuitous event
KINDS:
1)mora solvendi ex re default in real obligations
(to give)
2)mora solvendi ex persona default in personal
obligations (to do)
Courts
discretion
because:
(a)negligence depends upon the circumstances
of a case good or bad faith of the obligor may
be considered as well as the conduct or
misconduct
of
the
obligee;
(b)it is not as serious as fraud.
These
are
mere
presumptions.
To be sure write the interest and the dates
covered by such payment in the receipt.
EXCEPTIONS:
a)Those not transmissible by their nature like purely
personal rights;
b)Those not transmissible by provision of law;
c)Those not transmissible by stipulation of parties.
CHAPTER 3
DIFFERENT KINDS OF OBLIGATIONS
Section 1 Pure and Conditional Obligations
REQUISITES:
1.The condition is SUSPENSIVE;
2.The obligor ACTUALLY PREVENTS the
fulfillment of the condition;
3.He acts VOLUNTARILY.
Actions
available
to
the
creditor:
Action for prohibition restraining the alienation
of the thing pending the happening of the
suspensive
condition;
Action to demand security if the debtor has
become
insolvent;
Action to set aside alienations made by the
debtor
in
fraud
of
creditors;
Actions against adverse possessors to interrupt
the
running
prescriptive
period.
To have his rights annotated in the registry.
LOSS
(1)debtor without fault obligation is extinguished
(2)debtor with fault obligation to pay damages
DETERIORATION
(1)debtor without fault impairment is to be borne by
the
creditor
(2)debtor with fault creditor chooses: rescission of
obligation, fulfillment, indemnity
IMPROVEMENT
(1)by nature or time improvement: inure to the
benefit
of
the
creditor
(2)at the expense of the debtor granted to the
usufructuary
REMEDIES:
1.Specific performance or fulfillment of obligation
with damages;
2.Rescission of contract with damages.