obligations and contracts notes

Of pledge – condoned; presumption only, rebuttable, 2. needs consent of creditor– express or implied, 3.  2 obligations; 1 is extinguished & new one created, VOIDABLE – party must prove that cause is untruthful; presumption of validity but rebuttable, PRESUMED TO EXIST – burden of proof is on the person assailing its existence. 1159. Effect of loss or deterioration thru negligence, delay or fraud of obligor: a)    of thing intended as substitute  – no liability, b)    of the substitute after substitution is made – with liability, (5). Casual – dependent on chance or hazard, a)    Positive – extinguished if time expires or indubitable of condition to,                         happen, b)    Negative – effective from moment of time elapsed or evident it can’t,                          happen, (1)  To do – both the condition and the obligation are void, (2)  Not to do –disregard the condition, the obligation is still valid, Impossible condition – physically not feasible, Illegal condition – prohibited by law, good custom, public policy and morals, (3)  With a period – future & certain, past & uncertain, payable when able. Undue influence ANNULS obligation although it is DONE by 3 rd person not part of contract. Requisites of an obligation … You can change your ad preferences anytime. Minors could not be estopped, DISQUALIFIED TO ENTER INTO CONTRACTS: ( contracts entered into are void ), a)    Within the commerce of man – either existing or in potency, b)    Licit or not contrary to law, good customs, d)    Determinate as to its kind or determinable w/o need to enter into a new contract, MOTIVE – purely private reason; illegality does not invalidate contract except when it predetermines purpose of contract; when merged into one, – contracts entered when ward suffers lesion of more than 25%, 1)    for validity (formal/solemn contracts), 2)    for enforceability (statute of frauds), General Rule: contract is valid & binding in whatever form provided that 3 essential requisites concur. Essential Environment: The Science Behind the Stories Jay H. Withgott, Matthew Laposata. BENJAMIN R. REONAL, COLLEGE OF BUSINESS ADMINISTRATIONUniversity of the East -ManilaGeneral ProvisionsArticle 1156 –An obligation is a juridical necessity to give, … Notes on Obligations and Contracts 2012 3 ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter. – GENERAL PROVISIONS. If you continue browsing the site, you agree to the use of cookies on this website. SUGGESTED AUTHOR FOR WIDER KNOWLEDGE. 1183, NCC) Example- Pedro promise to pay Juan the sum of P1, 000.00 if Juan furnishes Pedro with information as to the whereabouts of Jane and another sum of P2,000.00 if Juan kidnaps Jane, in the obligation… Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Finished Checking Final Exam Papers. Consignation w/o prior tender – allowed in: 2.LOSS OF THE THING DUE – partial or total/ includes impossibility of performance, 1)    When the object perishes (physically), 3)    When it disappears in such a way that: its existence is unknown or it cannot be recovered, WHEN IS THERE IMPOSSIBILITY OF PERFORMANCE, (a)  Directly – caused as when prohibited by law, (b)  Indirectly – caused as when debtor is required to enter a military draft, b)    Debtor is made liable for fortuitous event because of a provision of law, contractual stipulation or the nature of the obligation requires assumption of risk on part of debtor, a)    if the generic thing is delimited, b)    if the generic thing has already been segregated, General Rule: Debtor is released when prestation becomes legally or physically impossible without fault on part of debtor, EFFECT OF PARTIAL LOSS – ( judicial determination of extent is necessary), a)    when loss is significant – may be enough to extinguish obligation, b)    when loss insignificant – not enough to extinguish obligation, WHEN THING IS LOST IN THE POSSESSION OF THE DEBTOR, Presumption: Loss due to debtor’s fault ( disputable ), Exception: natural calamity, earthquake, flood, storm, 3.   REBUS SIC STANTIBUS –  agreement is valid only if the same conditions prevailing at time of contracting continue to exist at the time of performance, EFFECT OF DIFFICULTY BEYOND PARTIES’ CONTEMPLATION, Rule: Obligor may be released in whole or in part, (b)  The performance is extremely difficult, but not impossible (because if it is impossible, it is extinguished by impossibility), (c)  The event was not due to the act of any of the parties, (d)  The contract is for a future prestation, 4. (n) good customs, public order or public policy QUASI-CONTRACT (OBLIGATION EX QUASI- • Juridical relation resulting from lawful, voluntary Looks like you’ve clipped this slide to already. Submitted to: The obligation under the note us totally extinguished. OBLIGATIONS AND CONTRACTS TITLE 1 - OBLIGATION. (n) CHAPTER 1. The book includes an introduction to law to provide readers a background on obligations and contracts and other business law courses A study guide is provided at the end of every chapter or section and is designed to, among other things, primarily test and further increase the understanding of the provisions of law by … The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. PRESCRIPTION IN ACTION FOR ANNULMENT OF VOIDABLE CONTRACTS: 2 WAYS OF CURING UNENFORCEABLE CONTRACTS: 1)    Those lacking in essential elements: no consent, no object, no cause (inexistent ones) – essential formalities are not complied with ( ex: donation propter nuptias – should conform to formalities of a donation to be valid ), (a)  Those w/c are absolutely simulated or fictitious – no cause, (b)  Those which cause or object did not exist at the time of the transaction – no cause/object, (c)  Those whose object is outside the commerce of man – no object, (d)  Those w/c contemplate an impossible service – no object, (e)  Those w/c intention of parties relative to principal object of the contract cannot be ascertained, (f) Those expressly prohibited or declared void by law – Contracts w/c violate any legal provision, whether it amounts to a crime or not, 3)    Illegal/Illicit ones – Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy ; Ex: Contract to sell marijuana, PARI DELICTO DOCTRINE –both parties are guilty, no action against each other; those who come in equity must come with clean hands; applies only to illegal contracts & not to inexistent contracts; does not apply when a superior public policy intervenes, a)    contract is for an illegal purpose, b)    contract must be repudiated by any of the parties  before purpose is accomplished or damage is caused to 3rd parties, c)    court believes that public interest will be served by allowing recovery (discretionary upon the court ) – based on remorse; illegality is accomplished when parties entered into contract; before it takes effect – party w/c is remorseful prevents it, a)    Consumer protection – if price of commodity is determined by statute, any person paying an amount in excess of the maximum price allowed may recover such excess, b)    Labor – if  law sets the minimum wage for laborers, any laborer who agreed to receive less may still be entitled to recover the deficiency; if law set max working hours & laborer who undertakes to work longer may demand additional compensation, c)    Interest paid in excess of the interest allowed by the usury law may be recovered by debtor with interest from date of payment, General Rule: parties should return to each other what they have given by virtue of the void contract in case where nullity arose from defect in essential elements. SPECIAL RULES/FORMS OF PAYMENT – Special Forms: Requisites for the Application of payment: Exception: there may be application of payment even if all debts are not yet due if: b)    when application of payment is made by the party for whose benefit the term has been constituted, a)    Debtor without protest accepts receipt in which creditor specified expressly and unmistakably the obligation to which such payment was to be applied – debtor in this case renounced the right of choice, b)    When monthly statements were made by the bank specifying the application and the debtor signed said statements approving the status of her account as thus sent to her monthly by the bank, 1)    If creditor consents, for a sale presupposes the consent of both parties, 2)    If dacion will not prejudice the other creditors, 3)    If debtor is not judicially declared insolvent, c)    Complete or partial insolvency of debtor, d)    Abandonment of all debtor’s property not exempt from execution, e)    Acceptance or consent on the part of the creditors, a)    Creditors do not become the owner; they are merely assignees with authority to sell, b)    Debtor is released up to the amount of the net proceeds of the sale, unless there is a stipulation to the contrary, c)    Creditors will collect credits in the order of preference agreed upon, or in default of agreement, in the order ordinarily established by law, Tender -the act of offering the creditor what is due him together with a demand that the creditor accept the same (When creditor refuses w/o just cause to accept payment, he becomes in mora accepiendi & debtor is released from responsibility if he consigns the thing or sum due), Consignation – the act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment; generally requires prior tender of payment, (2)  Consignation was made because of some legal cause – previous valid tender was unjustly refused or circumstances making previous tender exempt, (3)  Prior Notice of Consignation had been given to the person interested in performance of obligation (1st notice), (4)  actual deposit/Consignation with proper judicial authorities, (5)  subsequent  notice of Consignation (2nd notice), (1)  Debtor may ask judge to order cancellation of obligation, (3)  Before creditor accepts or before judge declares consignation has been properly made, obligation remains ( debtor bears risk of loss at the meantime, after acceptance by creditor or after judge declares that consignation has been properly made – risk of loss is shifted to creditor). Art. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Obligations and Contract As to perfection and -Pure extinguishment-conditional-with term or period faith. meaning of and Contracts In obligations to render service, the value thereof shall be the basis for damages. 20a. Potestative – dependent on sole will of 1 party; if on part of debtor & suspensive – void, iv. College Physics Raymond A. Serway, Chris Vuille. Art. Instances where law imposes solidary obligation: d.   no reimbursement if payment is made after prescription or became illegal. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. FAILURE TO COMPLY WITH PERFORMANCE/REMEDIES: Mora solvendi – default on the part of the debtor; 2 kinds: (1)  Mora Solvendi Ex re – default in real obligations, (2)  Mora Solvendi Ex persona – default in personal obligations, (1)  The obligation must be due, enforceable and already liquidated or determinate in amount, (3)  There must be a demand, unless demand is not required, (3)  When designation of time of delivery or rendering the service was a controlling motive, (4)  When demand would be useless as when debtor has rendered it beyond his powers to perform. Understand that failure to fulfill an obligation is a form of breach of contract by the lessor, and be able to identify the form of breach of contract and set out the relevant remedies available to the lessee Alternative – bound by different prestations but only one is due, Right of choice: General rule: right of choice belongs to debtor, (1)   If only 1 is left either because of fortuitous events or due to debtor’s acts, perform what is left. The note is signed by A, B, and C. X indorsed the note to Y, Y to Z, and Z to A for merchandise Z bought from A. a. warranty against eviction and warranty against hidden defects in a contract … Notes. By Agreement and Contract 2. NOVATION – extinguishment of obligation by creating/ substituting a new one in its place, –          stipulation to contrary, –          stipulation pour autri unless beneficiary consents, –          modificatory novation only; obliged to w/c is less onerous, –          old obligation is void, –          new obligation is void or voidable but annulled already ( except: intention of parties ), –          if Resolutory & it occurred –old obligation already extinguished; no new obligation since nothing to novate, –          if suspensive & it never occurred –as if no obligation; also nothing to novate, –          if suspensive & did not materialize: old obligation is enforced, EXPROMISION; initiative is from 3rd person or new debtor; new debtor & creditor to consent; old debtor released from obligation; subject to full reimbursement & subrogation if made w/ consent of old debtor; if w/o consent or against will , only beneficial reimbursement; if new debtor is insolvent, not responsible since w/o his consent, DELEGACION; initiative of old debtor; all parties to consent; full reimbursement; if insolvent new debtor – not responsible old debtor because obligation extinguished by valid novation unless: insolvency already existing & of public knowledge or know to him at time of delegacion, (1)  Parties must have clearly and deliberately conferred a favor upon a 3rd person, (2)  The stipulation in favor of a 3rd person should be a part of, not the whole contract, (3)  That the favorable stipulation should not be conditioned or compensated by any kind of obligation whatsoever, (4)  Neither of the contracting parties bears the legal representation or authorization of 3rd party, (5)  The third person communicates his acceptance before revocation by the original parties, (2)  Knowledge of the contract by a 3rd person, As to importance or dependence of one upon another, a)    Do ut des – I give that you may give, b)    Do ut facias – I give that you may do, c)    Facio ut des – I do that you may give, d)    Facio ut facias – I do that you may do, Note: We follow the theory of cognition and not the theory of manifestation. Art. ( Log Out /  Contracts entered into by persons exercising fiduciary capacity, (a)  Entered into by guardian whenever ward suffers damage by more than 1/4 of value of object, (b)  Agreed upon in representation of absentees, if absentee suffers lesion by more than ¼ of value of property, (c)  Contracts where rescission is based on fraud committed on creditor (accion pauliana), (d)  Objects of litigation; contract entered into by defendant w/o knowledge or approval of litigants or judicial authority, (e)  Payment by an insolvent – on debts w/c are not yet due; prejudices claim of others, (f)   Provided for by law – art 1526, 1534, 1538, 1539, 1542, 1556, 1560, 1567 and 1659, ii.Under art 1382 – Payments made in a state of insolvency, b.   Plaintiff has no other means to obtain reparation, OBLIGATION CREATED BY THE RESCISSION OF THE CONTRACT: Mutual Restitution, (2)  insane unless acted in lucid interval, (3)  deaf mute who can’t read or write, (4)  persons specially disqualified: civil interdiction, (1)  mistake – false belief into something, (2)  violence – serious or irresistible force is employed to wrest consent, (3)  intimidation – one party is compelled by a reasonable & well-grounded fear of an imminent & grave danger upon person & property of himself, spouse, ascendants or descendants (moral coercion), (4)  undue influence – person takes improper advantage of his power over will of another depriving latter of reasonable freedom of choice, (5)  fraud – thru insidious words or machinations of contracting parties, other is induced to enter into contract w/o w/c he will not enter (dolo causante). sample decks: formation of the agency relationship & liability of principal for contracts entered into by agents, duties of the agent and the principal to each other & liability of principal for torts of agent (respondeat superior or vicarious liability), formation of a general partnership & management and operation of a general partnership: & financial rights and obligations Active subject ( obligee/creditor ) – the one in whose favor the obligation is constituted 2. TTh 17:00 - 18:30 Art. Note: Ang Yu v. CA (1994) states that a unilateral promise to buy or sell, if not supported by a distinct consideration, may be withdrawn but may not be done whimsically or arbitrarily; the right of the grantee here is damages and not specific performance; Equatorial v. Mayfair(264 SCRA 483) held that an option clause in order to be valid and enforceable must indicate the definite price at which the person granting the option is willing to sell, contract can be enforced and not only damages; Paranaque Kings V CA (1997) states that right of first refusal may be enforced by specific performance. selections, but these notes came from different sources, from different authors of books, pamphlets, reviewers, codal provisions,etc. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. Express and Implied Contract. UST Golden Notes in Obligations and Contract 2011. Unauthorized/No sufficient authority – entered into in the name of another when: in excess of authority conferred ( ultra vires ), Both parties incapable of giving consent -2 minor or 2 insane persons, Agreement to be performed within a year after making contract, Special promise to answer for debt, default or miscarriage of another, Agreement made in consideration of promise to marry, Agreement for sale of goods, chattels or things in action at price not less than 500; exception: auction when recorded sale in sales book, Agreement for lease of property for more than 1 year & sale of real property regardless of price, Failure of defendant to object in time, to the presentation of parole evidence in court, the defect of unenforceability is cured, Acceptance of benefits under the contract. A contract or an obligation to perform a promise could arise in the following way: 1. Obligations ( Log Out /  Obligations and Contracts, 2000 ed, p. 50) Note: Under Art. Facultative – only one prestation has been agreed upon but another may be given in substitution. Types of Contract. Study Unit 4: The obligations of the lessor 14. cases: penalty provided is iniquitous/unconscionable, With respect to parties – must be made by proper party to proper party, it must have redounded to the obligee’s benefit and only to the extent of such benefit, Incapacitated person kept the thing delivered, or, Insofar as the payment has been beneficial to him, By creditor’s conduct, debtor has been led to make the payment (estoppel), Payment by debtor must be made in good faith, Creditor must be in possession of the credit & not merely the evidence of indebtedness, With respect to time and place of payment – must be according to the obligation, In the place designated in the obligation, If there is no express stipulation and the undertaking is to deliver a specific thing – at the place where the thing might be at the moment the obligation was constituted, In other case – in the place of the domicile of the debtor, Attempt in Good Faith to perform without willful or intentional departure, Omission/Defect is technical or unimportant, Must not be so material that intention of parties is not attained, Obligor may recover as though there has been strict and complete fulfillment, less damages suffered by the obligee, Right to rescind cannot be used for slight breach, Payment is not enough to extinguish all debts, If not, creditor makes it by so stating in the receipt that he issues – unless there is cause for invalidating the contract, If neither the debtor nor creditor has made the application or if the application is not valid, then application, is made by operation of law, If debts are of the same nature and burden, application shall be made to all proportionately, creditor absent or unknown/ does not appear at the place of payment, incapacitated to receive payment at the time it is due, 2 or more creditor claiming the same right to collect, There must be a subject matter (object of the remission, otherwise there would be nothing to condone), Cause of consideration must be liberality (Essentially gratuitous, an act of liberality ), Parties must be capacitated and must consent; requires acceptance  by obligor; implied in  mortis causa & expressed inter vivos, Formalities of a donation are required in the case of an express remission, Revocable – subject to rule on inofficious donation ( excessive, legitime is impaired ) & ingratitude & condition not followed, Obligation remitted must have been demandable at the time of remission, Waivers or remission are not to be presumed generally, voluntary delivery – presumption; when evidence of indebtedness is w/ debtor – presumed voluntarily delivery by creditor; rebuttable, effect of delivery of evidence of indebtedness is conclusion that debt is condoned – already conclusion; voluntary delivery of private document, if in hands of joint debtor – only his share is condoned, if in hands of solidary debtor  – whole debt is condoned, It must take place between principal debtor & principal creditor only, The obligation involved must be same & identical – one obligation only, Revocable, if reason for confusion ceases, the obligation is revived, Both parties must be mutually creditors and debtors – in their own right and as principals, Both debts must consist in sum of money or if consumable , of the same kind or quality, Both debts are liquidated & demandable (determined), Neither debt must be retained in a controversy commenced by 3, legal – by operation of law; as long as 5 requisites concur- even if unknown to parties & if payable in diff places; indemnity for expense of exchanges; even if not equal debts – only up to concurring amount, conventional – agreement of parties is enough, forget other requirement as long as both consented, facultative – one party has choice of claiming/opposing – one who has benefit of period may choose to compensate, judicial – set off; upon order of the court; needs pleading & proof; all requirements must concur except liquidation, total – when 2 debts are of the same amount, partial – when 2 debts are not of the same amount, with consent of debtor – debtor is estopped unless he reserves his right & gave notice to assignee, with knowledge but w/o consent of debtor – compensation may be set up as to debts maturing prior to assignment, w/o knowledge – compensation may be set-up on all debts prior to his knowledge, intent to extinguish old obligation – expressed or implied: completely/substantially incompatible old and new obligation on every point, capacity & consent of parties to the new obligation. … Remedies of Person in fraud under obligations are: b)    Diligence required – per nature of obligation, circumstances of persons, time and place, b)     simple – may be excused in certain cases, Mora accepiendi – default on part of creditor; Creditor is guilty of default when he unjustifiably refuses to accept payment or performance at the time payment/performance can be done, (1)  responsibility of debtor is reduced to fraud and gross negligence, (2)  debtor is exempted from risk of loss of thing / creditor bears risk of loss, (3)  expenses by debtor for preservation of thing after delay is chargeable to creditor, (4)  if obligation bears interest, debtor does not have to pay from time of delay, (6)  debtor may relieve himself of obligation by consigning the thing, Compensatio morae – both parties are in default (in reciprocal obligations); the effect: is as if there is no default, a)    when expressly declared by law ( bad faith, subject matter is generic, debtor is in delay ), b)    when expressly declared by stipulation or contract, c)    when nature of obligation requires assumption of risk. 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