OBLIGATIONS AND CONTRACTS

Quick Notes

Contract Dolo causante or causal fraud

 Contract is a meeting of minds between two  employed in the execution of contract in order to
(2) persons whereby one binds himself, with secure consent; remedy is annulment bec of
respect to the other, to give something or to vitiation of consent.
render some service.

Law Negotiorum gestio

 Law is a rule of conduct, just, obligatory,  voluntary act without the consent of the latter
promulgated by a legitimate authority, and of
common observance and benefit. Fault
 Plaintiff must prove that the defendants conduct
QUASI-CONTRACTS (QUASI EX-
was either negligent or intentional
CONTRACTUAL)
ACCIDENT
 Juridical relations arising from lawful,
voluntary, and unilateral acts by virtue of which  Does not occur in usual course of events could
the parties become bound to each other, based not reasonably anticipated.
on the principle that no one is unjustly enriched
or benefited at the expenses of the another. Negligence

Quasi-delicts  Voluntary act or omission, being bad

faith/malice prevents normal fulfillment of
 In order for a defendant to be liable the obligation. Failure to exercise degree of care
following elements must be present, the plaintiff recquired
must prove that there must be a an act or
Crime
omission, fault or negligence, damage caused,
there must be a direct relation of the damaged  Malicious intent, purose is punishment
cause to the act or omission and fault or
 Guilt of accused. Criminal/ civil liab.
negligence, and there is no pre existing
contractual relation between the parties. Deceit

 Dishonesty, fraudulent conduct to deceive a

party

Solutio indebiti To Do

 A positive personal obligation to do something

 is the juridical relation which is created when
something is received when there is no right to To Give
demand it and it was unduly delivered through
mistake.  A real obligation subject matter is the thing
which obligor must deliver to oblige. Transfer
 an ownership to another. consists in the delivery  Merely failure to perform on obligation on time.
of a movable or an immovable thig, whether to – not actionable
create a real thing, or merely for some other
Legal delay
form of possession.
 Failure to perform obligation on time which
Not to do
failure constitute breach of obligation.
 Negative personal obligation that constraints as
FORTUITOUS EVENT
not to do something. Negative perform of act.
 an occurrence or happening which could not be
Debtor/OBLIGOR/Passive subject
foreseen or even if foreseen, is inevitable;
 Bound to fulfill the obligaton; he has a duty. absolutely independent of human intervention;
 Whom obligation is legally demandable act of God

Object Mora accipiende

 A conduct recquired from parties without this  Delay on part of credito to accept performance
there is no to perform. of obligation.

Creditor/OBLIGEE/Active subject Compensatio Morae

 He who has right;  delay of the obligors in reciprocal obligation.

 Person who is entitled to demand fulfillment

Vinculum Juris
Mora Solvedi
 Efficient cause; law, contracts, quasi-contracts
 Delay part of the debtor to fulfill his obligation.
and quasi delicts
FRAUD (dolo)

 deliberate intentional evasion of the faithful

fulfillment of an obligation
Juridical tie
Civil Fruits
 Binds/ connect parties to obligation determine
 Derived by virtue of juridical relation.
by knowing source of obligation.
Natural Fruits
When demand is necessary to incur in delay
 Produce of land, products of animals w/o human
-
intervention; growing trees on land wild
Rights of the creditor when the thing deteriorates with animals.
debtor`s fault
Penal Fruits
 Indemnity for damages
-
FORCE MAJEURE
Industrial Fruits
 an event caused by the legitimate or illegitimate
 Produce by land thru cultivational/ labor ; sugar
acts of persons other than the obligor; there is
cane, vegetables.
human intervention

Ordinary delay
PROBLEMS Proximate

Negotiorum gestio  the plaintiff’s injury was directly caused by the

defendant’s act and was a reasonably
 - is the voluntary management of the property
foreseeable result of the defendant’s act
or affairs of another without the knowledge or
consent of the latter. Immediate cause
 means the action that resulted in the
Note: if the act is voluntary you need to reimburse the
consequence. For example, if an individual
expense. Kunwari umalis ako para magbakasyon at
who was driving while intoxicated crashed
naiwan ko ang business ko pero may nag volunteer na
his/her car and was killed, the immediate
mag handle ng business ko at may mga expense siyang
cause of death was the crash. However, the
binayaran sa mga business ko even if we don’t have proximate cause was the individual's state of
contract I need to reimburse the payment sakanya. intoxication
Solutio indebiti
si lady ay may exam bukas, sa katamaran ay d na
 is the juridical relation which is created when nagreview kaya bumagsak
something is received when there is no right to
Proximate cause (cause): di nagreview
demand it and it was unduly delivered through
Immediate cause (result): bumagsak
mistake.

Note: voluntary give the solution; kunwari nagkamali na

ideliver yung thing so kailangan/ obligation mo siya na Contributory cause
ibalik sa totoong may ari.
 under negligence
Personal rights
Remedies of the creditor in case the debtor fails to
 Is a right or power of the creditor to demand deliver the determinate/indeterminate thing
from the debtor the fulfillment of the latter`s
obligation, to do, or not to do, or to give;  Specific performance + Damages, if the debtor
is guilty of fraud, negligence, delay, in
Note: May contract na sila pero hindi pa nadedeliver contravention to the tenor of obligation) OR
yung thing; mayroon na siyang right sa thing. Masasabi  Demand for recission or cancellation of the
natin na personal right pa siya kung hindi niya pa obligation + Damages, if the debtor is guilty of
nadeliver yung thing sa exact date into another person. fraud, negligence, delay, in contravention to the
tenor of obligation) OR
- MAY POWER YUNG CREDITOR TO DEMAND THE
 Demand for payment of damages only, if only
DEBTOR
the feasible remedy.
Real rights
These remedies are alternative and NOT
 Is the right or interest of the person over a cumulative, the election of one is the waiver of
specific thing. another.
An obligation to deliver a DETERMINATE or
Note: masasabing real right kapag na deliver na sa akin
SPECIFIC THING is EXTINGUISHED BY
yung thing.
FORTUITOUS EVENT
Pagkakaiba: Kapag hindi pa nadeliver yung thing siya ay
personal right, saka lang masasabi na real rights kapag
na transfer na yung ownership