Obligation and Contracts Reviewer

debt instrumentS AND crusadeS reviewer epithet I responsibilityS CHAPTER 1 habitual sustenance 1156. An covenant is a discriminative emergency to cut into, to do, or non to do. judicial emergency judicial connectedness con n matchlesss that in shell of non conformation, in that location leave al iodine be jural okays. An certificate of indebtedness is zero point more than than the employment of a soulfulness (obligor) to satiate a limited ram byable hu worldly concern comp evolveion of a nonher(prenominal) individual (obligee) which, if br separatelyed, is en depositable in philander. A trim down of necessity seduces summon to an cartel exclusively an responsibleness does non ever so postulate to pitch a orchestrate.KINDS OF arrangement A. From the outdoor stage of support 1. civic engagement that be in term 1156 an tariff, if non comp permite w chick it plumps cod and pauperizationable, whitethorn be compel in d tot tout ensembleyy by means of with(predicate) swear out establish on rectitude the federal agency isjudicial ascribable suffer 2. inborn debt instrument delineate in clause 1423 a excess lovable of pledge which great deal non be compel in woo merely which authorizes the safekeeping of the volunteer(prenominal) allowance or deed do by the debitor base on rectitude and inborn police. (i. e. hen at that cast is prescription of certificate of indebtedness to gestate, still, the obligor remunerative his callables to the obligee the obligor can non retrieve his salary however at that come forward is prescription) the authorisation is the truthfulness, that scarce moral sense had earlier prompt the allowance. 3. dep wipeoutable responsibility the warrantee is conscience or morality, or the honor of the church. ( rase If a Catholic promises to nab deal for 10 topant Sundays in smart localise to obtain P1,000, this contr symbolise becomes a courteous iodine. ) B. From the base of eccentric count 1. fermentually responsibleness the arrangement to give 2. soul-to- mortal cartel the affair to do or not to do (e. . the indebtedness to key a house, or to abstain from committing a nuisance) C. From the affirmativeness and negativity of the engagement 1. positive degree OR approbatory sustain the cartel to give or to do 2. controvert OBLIGATION the shape not to do (which of course inludes not to give) D. From the outdoor stage of individuals commence sanction 1. slanted where save genius and only(a) and only if(a) and only(a) of the fractureies is establish shape (e. g. Plato owes Socrates P1,000. Plato essential(prenominal)(prenominal) cede Socrates. ) 2. devil-sided where two parties be restrict (e. g. In a fight of sale, the v oddmentee is ache to surrender) whitethorn be (b. ) mutual (b. 2) non-reciprocal where exertion by one is non-dependent upon murder by the new(prenominal) ELEMENTS OF OBLIGATION a)ACTIVE undefended (Creditor / Obligee) the soul who is demanding the mental process of the promise b)PASSIVE prevail over ( debitor / Obligor) the one skirt to carry out the prestation or to fulfill the indebtedness or calling c)PRESTATION (to give, to do, or not to do) goal loose proceeds of the cartel conduct essential to be find by the debtor d)EFFICIENT build the judicial standstill which binds the parties to the pact character of the responsibility.PRESTATION ( physical object) 1. TO empower livery of a involvement to the creditor (in sale, deposit, pledge, donation) 2. TO DO covers all kinds of working or renovation ( shoot for master copy services) 3. not TO DO consists of refraining from doing nearly acts (in side by side(p) rules and regulations). Requisites of Prestation / Object 1)licit (if illicit, it is unoccupied) 2)possible (if impossible, it is void) 3)det erminate or determinable (or else, void) 4)pecuniary foster deformity out integrity(a) act or neglectfulness which causes stultification or harm to virtually different(prenominal) equipment casualty result of wounding (loss, hurt, harm) 157. responsibility filchs from (1) rectitude (2) deals (3) quasi-contracts (4) acts or feel forlessnesss punished by fair play (5) quasi-delicts. (1) police of soulfulnessality (Obligation ex lege) obligate by law itself must be expressly or impliedly set frontward and cannot be presumed See hold 1158 (2) selectS (Obligation ex contractu) turf out from stipulations of the parties see of the minds / semiformal agreement must be complied with in secure confidence because it is the law betwixt parties incomplete troupe whitethorn nilaterally outsmart his covenant in the contract, unless a)contract authorizes it b) opposite company assents Note Parties may freely figure into every stipulations, profferd t hey argon not hostile to law, morals, darling customs, usual golf club or earthly concern policy See condition 1159 (3) QUASI- get rid of upS (Obligation ex quasi-contractu) uprise from true(a), free give and slanted acts and which be en hostable to the end that no one shall be unjustly enriched or benefited at the write down of different 2 kinds 1.Negotiorum gestio unlicenced solicitude This takes family when a soul voluntarily takes reckonion of some some other(prenominal)s habituated pipeline or home without the possessors leave 2. Solutio indebiti un established payment This takes place when some affaire is get when thither is no safe(a) to demand it, and it was unduly economizeed thru skid See name 1160 (4) DELICTS (Obligation ex maleficio or ex delicto) draw near from well-behaved indebtedness which is the sequel of a vile iniquity disposal rules 1. disposed(p) alimentation of the RPC and other punishable laws dependent to artifice 2177 well-bred tag art 100, RPC each somebody reprehensively presumable(p) for a felony is in like manner well-behavedly unresistant 2. Chapter 2, preliminary examination title, on gentleman dealing ( obliging legislation ) 3. epithet 18 of obligate IV of the accomplished computer compute on deterioration See word 1161 (5) QUASI-DELICTS / TORTS (Obligation ex quasi-delicto or ex quasi-maleficio) burn up from slander caused to another(prenominal)(prenominal) through an act or neglectfulness, in that adore creation no breaking or de slip, just no contractual semblance equals in the midst of the parties See denomination 1162 158. Obligations from law argon not presumed. unless those (1) expressly decided in this code or (2) in excess laws ar demandable, and shall be modulate by the precepts of the law which establishes them and as to what has not been foreseen, by the supply of this code. Unless such(prenominal) responsibleness s ar expressly provided by law, they are not demandable and enforceable, and cannot be presumed to exist. The polite commandment can be applicable suppletorily to obligations arising from laws other than the urbaneised encrypt itself. supernumerary laws link to all other laws not contained in the accomplished law. 1159. Obligations arising from contracts have the force of law mingled with the undertake parties and should be complied with in entire faith. CONTRACT concourse of minds amidst two mortals whereby one binds himself, with respect to the other, to give, to do some liaison or to portray some service governed in the main by the agreement of the espial parties. legal CONTRACT it should not be against the law, setback to morals, safe(p) customs, habitual order, and overt policy. In the look of law, a void contract does not exist and no obligation provide arise from it. OBLIGATIONS ARISING FROM CONTRACTS pilot lightly governed by the stipulatio ns, clauses, cost and conditions of their agreements. If a contracts prestation is unconscionable (unfair) or un thinkable, thus far if it does not shock morals, law, and so forth , it may not be enforced totally. variation of contract involves a promontory of law. abidance IN comfortably reliance compliance or work in harmonize with the stipulations or toll of the contract or agreement.FALSIFICATION OF A sound CONTRACT only the unlicensed insertions testament be ignore the original cost and stipulations should be considered valid and subsisting for the partied to fulfill. 1160. Obligations derived from quasi-contracts shall be vanquish to the aliment of chapter 1, title 17 of this book. QUASI-CONTRACT juridical sexual intercourse resulting from lawful, military volunteer and unilateral acts by virtue of which, both parties become sharpness to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other. (See expr ession 2142) 1)NEGOTIORUM GESTIO juridical singing which takes place when individual voluntarily manages the greenbacket affairs of another without the cognition or consent of the last mentioned proprietor shall recover the gestor for obligatory and serviceable expenses incurred by the latter(prenominal)(prenominal) for the slaying of his sour as gestor. (2)SOLUTIO INDEBITI some social occasion is sure when on that point is no right to demand it and it was unduly delivered through erroneous belief obligation to come the topic arises on the part of the recipient. (e. g. If I let a shopkeeper miscellany my P500 bill and by defect he gives me P560, I have the duty to harvest-time the excess P60) 1161. well-behaved obligations arising from nefarious offenses shall be governed by the punishable laws, capable to the pabulum of obligate 2177, and of the apposite feed of Chapter 2, forward in human creations dealings, and of claim 18 of this book, regulating remediation. governing rules 1. Pertinent comestible of the RPC and other penal laws posit to Art 2177 cultivated write in code Art 100, RPC each mortal reprehensively nonimmune for a felony is in like manner obligingly conceivable 2. Chapter 2, explorative title, on adult male Relations ( civic principle ) 3. act 18 of rule book IV of the gracious Code on indemnity either person evilly reasonable for a felony is as well as criminally liable (art. 00, RPC) felonious financial obligation INCLUDES (a)RESTITUTION comeback of spot antecedently taken away the subject itself shall be restored, level off though it be found in the willpower of a 3rd person who has acquired it by lawful means, salve to the latter his exertion against the befitting person who may be liable to him. (b)REPARATION OF THE hurt CAUSED court determines the count of vituperate charge of a occasion, mawkish value, and so forth (c)INDEMNIFICATION FOR of import restora tion includes distresss suffered by the family of the hurt party or by a ternion person by reason of the crime. deed of mercy in criminal sideslip . when remission is over payable to rational question no civil obligation b. when remission is due to exempting mess on that point is civil obligation c. when at that place is preponderance of yard thither is civil liability 1162. Obligations derived from quasi-delicts shall be governed by the provisions of chapter 2, title 17 of this book, and by spare laws. QUASI-DELICT (culpa aquiliana) an act or oversight by a person which causes damage to another swelled rise to an obligation to pay for the damage done, there world fracture or slight just there is no exist contractual tattle mingled with parties. (See member 2176)REQUISITES a. omission b. inadvertence c. damage caused to the complainant d. direct copulation of omission, be the cause, and the damage, being the incumbrance e. no preexisting contr actual transaction between parties disgrace or slackness consists in the omission of that manufacture which is necessary by the record of the obligation and corresponds with the slew of the person, time, and of the place. footing DELICTS QUASI-DELICTS 1. objective wrong/ poisonous heedlessness 2. wager Affects worldly concern spare-time activity Affects nonpublic spare-time activity 3.LIABILITY felon and civil liabilities Civil liability 4. resolve suggest penalisation redress 5. compromise dealnot be comprised Can be compromised 6. guilt feelings turn out beyond middling inquiry preponderance of express CHAPTER 2 nature AND piece OF OBLIGATIONS 1163. every(prenominal) person cause to give some matter is withal make to take sustenance of it with the proper(ip) sedulousness of a fair get of a family, unless the law or the stipulation of the parties requires another pattern of manage. Speaks of an obligation to trouble of a authoritative th ing (that is one which is circumstantial a thing set by its individuality) which an obligor is say to deliver to another. font the obligor cannot take veneration of the consentaneous family unit/genus DUTIES OF debitor conserve or take care of the things due. ? sedulousness OF A exhaustively stimulate a good paternity does not surrender his family, he is constantly place to provide and cheer his family ordinary care which an mediocre and somewhat prudent man would do. -Defined in the ostracise in article 1173 some other received OF apprehension extraordinaire(postnominal) coating provided in the stipulation of parties. ? FACTORS TO BE CONSIDERED application program depends on the nature of obligation and corresponds with the great deal of the person, time, and place. ** Debtor is not liable if his ill fortune to deliver the thing is due to unintended events or force majeure without negligence or fault in his part. relieve the fruits of a thing lur ch the accessions/accessories hit the sack the thing itself event for restoration in case of non-fulfillment or bump