General provisions

Obligation

Requisites Kinds
Obligation Real (to give)
Right Sources of obligation
Passive subject Wrong Law
Active subject Personal (to do or not to do)
Contracts
Object or prestation (subject matter) Quasi contracts
A juridical or legal tie or efficient cause Crimes or delicts
Quasi delicts or torts
Legal
obligation
Form of obligations (arises from
Oral or in writing, or partly oral and law) Contractual obligation
partly in writing
Binding force
Civil obligations Requirement of a valid
Requisites of quasi contract
Civil & criminal liability Scope of civil liability Quasi contracts
delict
Moral evil and material damage Restitution Negotiorum gestio
Must be: Breach of contract
Reparation for the damage
Act or omission
Criminal liability caused Solutio indebiti
Fault or negligence
Crimes with no material damage Indemnification for
Damage caused
damages
Direct relation
Civil liability No pre-existing contract
Quasi delict

1 prestation
Simple

kinds of obligation
according to object conjuctive

compound alternative
distributive
facultative
 Equitably reduced

Action for Specific performance 1st infractor known

Alternative
Not cumulative
Both parties
Reciprocal obligations
remedies guilty of breach
bilateral Action for recission
Kinds of obligations
Non - Reciprocal obligations 1st infractor unknown

unilateral Obligation extinguished

& bear own damages

Nature and effect of obligations

Obligation Duties of debtor in specific

Specific 1. Preserve or take care of the
thing
Generic Diligence of a good father of a
family Duties of debtor in generic
1. To deliver a thing which is of the
2. Deliver the fruits of the thing quality intended.

3. Deliver the accessions and 2. To be liable for damages in case

accessories of fraud,negligence, or delay.

4. Deliver the thing itself

Different kinds of fruits 5. Answer for damages in case

Natural fruits of non fulfillment or breach
Industrial fruits To deliver Right of creditor Remedies of creditor in real
Civil fruits fruits Entitled to the fruits obligation
from the time the
obligation to make
delivery arises
 Specific Generic
Right Demand specific performance Ask for performance
Personal right (particular Demand recission
person) Demand payment of damages Can be performed by a
“No real right over
only third person (at the
it until the same
Real right ( whole world) expense of the debtor)
has been delivered
to him”
Right to recover
damages

Failure of debtor Remedies in personal obligation

Accessions and Accessories
(1) 1. Fails to perform Positive
Fruits of thing or improvements Have the obligation perform himself
(2) 2. Performed but contrary to the (at the expense of the debtor)
Jointed to or included with the principal terms
thing for completion or better use. 3. Performs but poor manner To recover damages

Negative Delay (mora)

Kinds of delay
Undoing of the forbidden thing plus Ordinary delay
Mora solvendi
damages Failure to perform on time
Mora accipiendi
Or
Compensatio morae
Action for damages Legal delay
Failure to perform on time = breach
of the obligation
 When demand is not necessary
1. obligation so provides Waiver of action
2. Law so provides Grounds for liability Kinds of negligence
Future fraud
3. Time is of the essence Fraud (deceit or dolo) Culpa contractual (contract)
Void
4. Demand would be useless Negligence(fault or culpa)
Past fraud
5. There is a performance by a Delay(mora) Culpa acquiliana(Civil)
Valid
party in reciprocal obligations Contravention of the terms
Future negligence
of the obligation Culpa criminal(crime)
Valid
Gross negligence
Void

factors of negligence Fortuitous Event Requisites

Nature of the obligation
Independent of the human will or debtor
Circumstances of the person Acts of man will
Circumstances of the time
Event could not be foreseen or inevitable
Circumstances of the place Acts of god
It must render the obligation impossible
Kinds of diligence Ordinary fortuitous events
Stipulated by the parties
The debtor must be free from any
Provided by law Extra ordinary participation
Diligence of a good father of a family

Exception of exemption from fortuitous

Simple loan or mutuum Requisites for recovery of interest
event
Delivery must be the same amount and Payment of interest must be expressly stipulated
same kind and quality shall be paid. Agreement must be in writing
Express by law
Express by stipulation of the parties Interest must be lawful
Usury
Nature of the obligation requires
Receiveing interest in excess of the amount
assumption of risks
Allowed by law
 Transmissibility of rights
All acquired in virtue is generally
Presumption
transmissible
Kinds of presumption
Exceptions
Prohibited by law
Conclusive
Prohibited by stipulation of the
parties
Disputable
 Different kinds of obligations

Pure and conditional obligations

pure Demandable
Both the obigation
and condition are void

void
physical Condition is negative (impossible)
And obligation is valid
Mixed valid
Impossible kinds
conditions effects
Obligation is divisible and not
origin Casual valid affected by impossible condition
legal

valid Obligation does not depend on

Potestative the impossible condition

Court will
determine the
Debtor bound to return what he Extinguishment
Will of the debtor retroactive effect
has received upon the fulfillment
Future and valid
resolutory
uncertain
Characteristics Effects of fulfillment To give To do or
Conditional kinds Constructive fulfillment
not to do

Past but suspensive Obligor prevents the fulfillment of condition

unknown Will of the debtor birth Court may
Void He acts voluntarily even
disallow
retroactivy
Obligation fulfilled
 Obligation with a period

Suspensive or ex die Will of debtor the courts may fix the

duration thereof
definite Fixed or known
Legal
period kinds source Conventional definiteness
Judicial
Resolutory or in diem Indefinite Not fixed or unknown If its nature a period is
intended the courts may
fix the duration thereof

Loss of thing without debtor fault Obligation extinguished

Period agreed upon by parties
Creditor demand damages Period fixed
Loss of thing debtor’s fault cannot be
changed by
courts
Deterioration of thing without At expense of creditor Period fixed by courts

Before arrival recission

of period Deterioration of thing debtor’s
Debtor becomes
Fulfillment + damages insolvent

Improvement by nature or by Debtor does not

Benefit of creditor furnish any securities
or guaranties
Debtor shall
Improvement at expense of loss every right
Right to usufruct to make use of
period Guaranties or securities
Presumption (rebuttable) given have been
impaired
Cannot be compelled to
debtor pay prematurely but he
can if he do so Debtor violates an
Benefit of undertaking
period
May demand fulfillment Debtor attempts to
creditor but not require to accept abscond
payment before the
expiration of period
 Alternative obligation
=

Choose among the remainder

Loss of thing through a
fortuitous event
Price of the thing lost + dmgs or
Produce legal effect upon being Loss of thing Debtor fault other prestation + dmgs
comunnicated to the debtor
Any with price of thing loss +
Loss of all things Debtor fault
dmgs
Right of choice
creditor Obligation extinguished
Loss of all things
through a fortuitous
event
Alternative obligation Effect of notice Proof and form of Loss of objects
notice
Fault of debtor Not liable bcs there
As a rule given Right of choice are still other
Debtor presation
Some of objects
Without fault of debtor
Not absolute & cannot
choose prestations which Creditor right to
are Fault of debtor indemnity for
Could not have been the object of the damages of the last
obligation All of objects thing lost
Unlawful
Without fault of debtor
Obligation
Only one prestation is practicable extinguished
Rescission and
recover damages
Fault of creditor
Remaining plus right
to recover value of
damaged item

Obligation
extinguished
 Facultative obligations

Debtor fault Liable for damages

principal
Fortuitous event Obligation extinguished
Before substitution

Debtor fault Obligation remains

substitute

Fortuitous event Obligation remains

Facultative obligations Effects of loss

Debtor fault Obligation remains

principal

Fortuitous event Obligation remains

After substitution

Debtor fault Liable for damages

substitute

Fortuitous event Obligation extinguished

 Joint and solidary obligations

Indivisible

Joint
passive

diivsibile passive

Joint and solidary obligations

uniform

Essence of solidarity
According to legal tie

Non- uniform or varied Action against any solidary

debtors

passive Liability of any solidary

debtor for the entire
solidary According to parties active
kinds

mixed

legal

According to source
Conventional

real
 Divisible and indivisible obligations

Obligation to give definite things

legal

Not susceptible of partial

indivisible Obligations performance Obligations
kinds conventional continuous
deemed not to do
indivisible Provided by law even if can be
divisible
natural

intended by parties even if can be

divisible

Not capable of partial fulfillment

Divisible
and
indivisible
obligations
Capable of partial fulfillment

Execution of a certain number of days

of work
Divisible Obligations deemed Obligations Not
divisible The accomplishment of work by not to do continuous
metrical units

Susceptible of partial performance

 compensatory Creditor may ask
for penalty or
No performance specific
purpose
performance

punitive
Presumed
Subsidiary or subisdiary There is
alternative No need for
performance
demanding
penalty

Without proof of actual

Obligations with a damages
penal clause
demandability
Damages recoverable in
addition to penalty must
be provided
Debtor Right to pay
penalty in lieu of When stipulated by
performance only when the parties
Joint or this right has been
cumulative reserved for him
Obligor refuses to pay penalty
When there is partial or Creditor may
Joint in which creditor may recover
irregular performance recover legal interest
Penalty may be reduced damages
by courts
Penalty agreed upon is Debtor cannot claim no
iniquitous or unconscionable longer liable for principal Obligor is guilty
payment after paying of fraud

Principal void penalty

void
nullity

Penalty void . principal

valid
 extinguishment

Death of a party Mutual desistance or

causes
withdrawal

Arrival of resolutory period Happening of a fortuitous

event
compromise Impossibility of fulfillment
debtor
Right to recover insofar Valid
Burden of proving beneficial to debtor
There is a substantial Payment is
payment performance Good faith
Integrity of incomplete and
Without w/ free disposal of
prestation irregular
knowledge of thing, no capacity to
May recover if alienate
debtor
Payment or Payment of Considered paid Acceptance of irregular
performance debt Substantial Payment by person w/
or incomplete Payment by third
performance no free disposal of
performance person thing, no capacity to
Identity of the alienate
prestation Incase of acceptance With knowledge
obligation is extinguished of debtor
Right of reimbursement and void
Subrogation of the payer subrogation
valid Ratification
in creditors right by reeditor
Estoppel
Creditor or His succesor on part of
obligee in interest creditor
kept Benefit of creditor Document with
not needed proof payable to valid
bearer
Recipient of Whom payment Payment to Payment to a Payment to a third person
payment shall be made incapacitated third person Possession of credit
person

loss Not valid except Document void

Any person
authorized benefit to creditor
to receive it
Not considered
Need proof
as payment
 Payment by Incase of
Adjudication or Delivery of extraordinary
Special forms of dacion en pago indeterminate Performamce of Legal tender means of
instruments inlfation or
payment or generic thing obligation
deflation
General rule Partial
Specie of Less than the perfromance Paid in
complete Right of
sale obligation = only allowed currency Time of
Same value creditor to
to the extent of Cannot stated establishment of
refuse pr
value deliver/demand the obligation
superior or inferior
Express stipulation Not accept
Unless agreed upon by Obligation possible Not
parties fulfilled extinguished forese
Extrajudicial
accounted for Debt in part liquidated en
expenses cashed
debtor n part unliquidated Legal tender in Subject to
ph the
Place of payment agreement
Stipulated by the parties and Prestations evident not Obligation
Stipulated by the of the party
to deliver specific thing executed simultaneously extinguished
parties No stipulation and to
deliver generic thing
Place designated
Place of
perfection of Domicile of
contract debtor
Interest is paid
Application of requisites Not due Rules Debt produces first
payments interest Before principal
Debtor has the
There is a stipulation that
-1 creditor & 1 debtor first choice Subject to waiver
debtor may so apply
-2 or more debts Application is
-Debts must be same kind irrevocable unless
-Debt applied is due Made by creditor consents
creditor may
-Payment must not be sufficient benefited of the make the
To cover all debts period designation
the most
onerous to the
If samedebts
nature
and same burden
it must apply to
them
proportionately
 Does not involve
2 or more Assignment does not all the properties
creditors make the creditor the of debtor
Debtor must be
owner of the property Debtor is solvent
(partially) insolvent Payment by
dation
1 creditor

Payment by requisites effect

Several creditor
cession
Payment by
Assignment Debtor is only released cession Debtor is
Cession must be
must involve all up to the net proceeds insolvent
accepted by the
properties of of the sale of consigned
creditors
debtor property Extent to all the
properties of Creditor shall lose every
debtor preference over the thing and
the guarantors and co-debtors
are released
Withdrawal by the With consent of
debtor of the thing creditor
Must comply with Solidary debtors are only
the rules on release from their
payment consignation solidary liability
Deemed properly
Tender of made
payment Creditor accept the thing
Prior notice Must be with proper without objection
expenses
judicial authorithy As payment
Must be actually no yes
Must be unconditional
made When creditor questions the
and for the whole creditor validity and the court declares
amount due void valid The consignation has been
properly made
Creditor neither
accept and
questions it and
court declares
Its cancellation
 Loss of thing due

to deliver specific thing Fortuitous event

physical perishes

extinguished Loss of the thing

legal without debtor’s fault
Out of commerce
Kinds of loss
Debtor not guilty of delay
civil Existence unknown Loss of thing Liable even for a
if known cannot be extinguished Loss of fortuitous event
recovered Law so provides generic Bcs genus never
thing perishes and can be
paid from other
Not extinguish Stipulation so provides
sources

Nature of obligation requires

assumption of risks

Physical To deliver a specific thing arises

from a crime
Kinds of Extinction of
Effect of
impossiblity obligation
impossibility Right of creditor against Obligation of Rights of action of
third person responsible debtor debtor transferred
legal for the loss extinguished to credior
performance

Liability not
Effect of extinguished
Real
Releases fortuitous event Creditor refused
Effect of obligation Liability
the where obligation to accept the
difficulty proceeeds from extinguished
obligor Liable for payment thing
a criminal of price if the thing
Personal
offense is destroyed
obligation
 Condonation or remission
Presumption
Condonation or remission Presumption of implied applicable only to
If made expressly ,must comply with forms of donations remission private document

Must be accepted by obligor Parties must have capacity Contrary evidence

Inter vivos Mortis causa Extent of remission

must be gratuitous Must not be inofficious Date of effectivity

voluntary delivery of document
of indebtedness by creditor
Requisites Kinds of remission
Condonation or remission

extent form Whenever the private document in

which the debt appears found in the
possession of the debtor
complete partial express implied

Presumed the creditor delivered it

voluntary
Presumed the pledge is
remitted but the principal is Presumption if the thing pledge
Mode of Obligation still in force found in possession of debtor
extinguishing created are
obligations deemed
realized Extinguished only the Merger in one
share corresponding to joint solidary debtor
solidary
the creditor or debtor. shall extinguish the
Basis for entire obligation
confusion or merger Effect of merger or
confusion Requisites of
confusion
or merger confusion
who makes
person of guarantor payment may
Principal debtor and principal
claim
creditor
Must take place between reimburseme
Must be complete the principal debt and nt from his
principal accessory co-debtors.
creditor

extinguished
 Who claim compensation Take place when May claim damages
must pay for the expenses Two debts are so declared by a by proving his right
liquidated final judgement of to said damages and
a court in a suit the amount thereof
total partial
No retention or as if no
debts payable Two debts are due or compensation
controversy valid
at different demandable happens
commenced by Judicial
places Effect or extent a third person compensation voided &
voidable & recision
rescissible
Compensation Requisites of legal compensation
Kinds
other
rescissible or voidable debts
Cause or origin Both debts consist in a
Parties are principal sum of money or of Total and partial
creditors and principal consumables things of Voluntary compensation
compensation
legal judicial debtors of each other the same kind and
quality.
Total Ex.
voluntary facultative partial
Guarantor may set up compensation total
Incomplete
Smaller Larger debt
debt
judicial Set up compensation only Obligation extinguished
before the assignment

compensation takes place

assignment with knowledge but
automatically by mere
without consent of debtor
Consent of parties not required operation of law
Compensation & assignment Compensation after assignment in legal compensation.
full legal capacity of
parties not required
Compensation before assignment
assignment with knowledge but
assignment with the consent of without consent of debtor
debtor Debts have not compensation
the debts are extinguished
matured
to the concurrent amount
Reserve his right No compensation
Gain knowledge
Debts already No compensation
matured
compensation
 debts arises from a Must inform the creditor which of
debts arises from a depositum Claim for support due by gratuitous title In case he fails to do so it shall be
them shall be the object of
compensation. applied to the most onerous
obligation.
debts arises from a commodatum debts consists in civil liability arising
from a penal offense
Rules on application of
One of
payments apply to order of
compensation on several debts
Legal compensation not allowed by
law

an existing obligation legal conventional express implied

Extinguish modify Modification or debtor is substituted

Origin How it is constituted Creation of a new
extinguishment of
valid obligation
the obligation
novation Substitution
Dual function kinds

Subject Requisites
Extent or effect Kinds of personal novation

Capacity and intention of the Subrogation

Total or Partial or A previous valid parties to modify or extinguish
extinctive Real or
modification Mixed obligation the obligation
objective a third person is
subrogated in the
never presumed
rights of the
must be clearly Personal or
and unmistakably subjective
established
Kinds of personal novation
can stand
together each one have
a independent
existence
Test of incompatibility
between two obligations
or contracts Cannot stand together = subsequent obligation First obligation losses all its
incompatible novates the first force and effect to and the new
one can only be enforced
 extent

form

Date
of
effecti
vity
Condonation or
remission