Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Delay
5. Debtor promises deliver to 2/more persons who do not have
4 ELEMENTS OF OBLIGATION same interest (bad faith)
1. ACTIVE SUBJECT (creditor/obligee) whose obligation is
constituted EFFECTS OF FORTUITOUS EVENT to thing to be delivered
2. PASSIVE SUBJECT (debtor/obligor) has duty to give, to - extinguish the obligation if determinate; generic does not
do or not to do extinguish the obligation
3. OBJECT/PRESTATION subject matter
4. JURIDICAL/LEGAL TIE (vinculum/efficient cause) reason 3 MISCELLANEOUS RULES ON PERFORMANCE OF
OBLIGATION
CIVIL OBLIGATION 1. When to deliver determinate, accessions (additions/
NATURAL OBLIGATION improvements) and accessories (joined/included with the
derived from positive law principal) are INCLUDED even not mentioned.
derived from equity & justice 2. If debtor fails to do, it shall be DONE AT HIS EXPENSE,
enforceable by court action same with doing the contravention; poorly done be undone.
not enforceable by court action 3. In obligation not to do, and obligor does what is forbidden,
shall be UNDONE AT HIS EXPENSE.
5 SOURCES OF OBLIGATION
1. LAW 4 GROUNDS FOR LIABILITY
2. CONTRACTS 1. Default/mora
3. QUASI-CONTRACTS arise from lawful, voluntary acts; no 2. Fraud/dolo
one shall be unjustly enriched... 3. Negligence/culpa
2 Kinds 4. Contrary to terms of obligation
a. Solutio indebiti something received (delivered on a
mistake), no right to demand it 1. DEFAULT/MORA delay
b. Negotiorum gestio voluntary mgt of property/affairs of 3kinds
another w/o his knowledge/consent a. Mora solvendi debtors delay to give (real ob.), to do
4. QUASI-DELICT/TORTS arise from damage; (personal ob.)
fault/negligence b. Mora accipiende creditors delay to accept
5. CRIMES/ACTS/OMISSIONS punished by law arise from c. Compensatio Morae delay of both in reciprocal
civil liability that is a consequence of a criminal offense obligation
5. OBLIGATORINESS OF CONTRACTS
- The contract, once perfected, has the force of law between
parties which bound to comply in good faith
CONSENT
- meeting of offer (certain) & acceptance (absolute) upon a
thing
5 REQUISITES OF CONSENT
1. Must be given by 2 or more parties
2. Parties are capacitate to enter in contract
3. No vitiation of consent
4. No conflict between declared & intended
5. Legal formalities must be complied
7 RULES ON OFFER/ACEPTANCE
1. An offer must be certain.
2. Business advertisements for sale are NOT offers but ONLY
invitations to make an offer.
3. Advertisements for bidders are ONLY invitations.
4. An acceptance made by letter/telegram does NOT bind
offeror EXCEPT from the TIME it came to his knowledge.
5. An offer made through an agent is accepted from the TIME
the acceptance is done through an agent.
6. An offer is ineffective upon death, insanity, insolvency, of
EITHER party BEFORE acceptance is made.
7. When offeror allowed offeree a certain period to accept,
offer MAY be withdrawn AT ANYTIME unless there is
something PAID/PROMISED.