CHAPTER 2: NATURE AND EFFECTS OF OBLIGATION

CHAPTER 1: GENERAL PROVISIONS

II. Contract (as long as not against law)

STAGES SPECIFIC AND GENERIC THING
1. Negotiation - indicate interest in contract
2. Perfection - starts binding juridical relation
3. Consummation - perform Diligence - care, caution, attention and care required frim
a person in a given situation
Art 1159 states that obligations arising from contract
should be complied with in good faith Due diligence - diligence reasonably expected from a
person who seeks to satisfy a legal requirement
III. Quasi-Contract (as if)
⁃ No consent Extraordinary Diligence - extreme careto secure rights and
⁃ Principle: no one should be rich at the expense of property
another
KINDS: DILIGENCE REQUIRED IN REAL OBLIGATION: take care if
1. Negotiorum Gestio - voluntarily takes charge of the thing with proper diligence of a good father of a
another (rules page 17) family.
no gestio if Exceptions:
a. Property is not neglected 1. Law requires another standard of care
b. If manage has been tacitly authorized by owner 2. Stipulation of the parties require another standard of
2. Solutio Indebiti - obligation to return care
Arises when
a. Absence if right to collect excess sums Up to page 46
b. Payment was made by mistake —
3. Other Quasi-Contracts Delivery - formal act of transferring something

IV. Delict - violation punishable by law KINDS OF DELIVERY

Civil Liabilities in delict 1. Actual Delivery - giving real and immediate
1. Restitution possession to the buyer or buyer’s agent (ex:
2. Reparation of the damaged caused deliver by giving cellphone from A to B)
3. Indemnification for consequential damages - 2. Constructive Delivery - transfer of title by
sufferings of family operation of law when actual transfer is
impractical or impossible
V. Quasi Delict - no law penalizing such act (also known as KINDS OF CONSTRUCTIVE DELIVERY
culpa-aquiliana) a. Traditio Brevi Manu - shorthand D
ELEMENTS OF NEGLIGENCE b. Traditio Longa Manu - longhand D
1. The fault or negligence of defendant c. Traditio Symbolica - Symbolic
2. The damage suffered or incurred by the plaintiff d. Traditio Constitutum Possessorium
3. The relation cause and effect bw the fault or
negligence of the defendant and the damage incurred by DELIVERY SHOULD BE FREE FROM
plaintiff 1) Mora - delay is failure to perform obligations in due
KINDS OF NEGLIGENCE time
1. Culpa Aquiliana or Quasi delict - failure to observe 2) Dolo - fraud refers to deception
required diligence which causes damage to person 3) Culpa - negligence is tue omission to do something
2. Culpa Contractual - negligence to perform pre- which a reasonable man would do
existing contract 4) Contravention of the tenor of the obligations
3. Culpa Criminal - commission if crime also known
as criminal negligence MORA
1 and 2 civil negligence only A. KINDS OF DELAY
1. Mora Solvendi - debtor default
2. Mora accupiendi - creditor delay to accept
3. Compensation morae - default on both parties
B. Requisites for finding a default 4. Temperate
1. Obligation is Demandable and liquidated 5. Liquidated
2. Debtor delays performance 6. Exemplary
3. Creditor judicially extrajudicially requires

DOLO INJURY VS DAMAGE VS DAMAGES

A. KINDS OF FRAUD
1. Dolo Causante (causal fraud)
2. Dolo Incidente (incidental fraud)
CULPA
A. KINDS OF NEGLIGENCE
I. Civil Negligence
1. Culpa Contractual - preexisting contract
2. Culpa Aquiliana/Quasi-delict - causes damages
to another
II. Culpa Criminal - negligence which results in commission
of crime
PERSONAL RIGHT VS REAL RIGHT
Personal Right: power of one person to demand of
another the fulfilment of a prestation/benefit
Real Right: power belonging to a person over a specific
thing
KINDS OF FRUIT
1. Natural Fruits - products of soil and animals
2. Industrial Fruits - produced through cultivation and
labor
3. Civil Fruits - rent
SPECIFIC PERFORMANCE IN A SPECIFIC REAL OBLIGATION
- to compel the debtor to make the delivery
-creditor can claim for damages if debtor is guilty of fraud,
negligence, delay, contravention
—  Cases declared by stipulation
Reciprocal Obligation - obligation of one is dependent
upon obligation of the other. perfomed simultaneously
DELIVER ACCESSIONS AND ACCESSORIES
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POSITIVE PERSONAL OBLIGATIONS obligations to do
NEGATIVE PERSONAL OBLIGATIONS
obligations not to do
Injury - legal invasion of a legal right
Damage - hurt, loss or harms which results from injury
Damages - compensation awarded for the damage
suffered
KINDS OF BREACH OF OBLIGATION
A. Voluntary Breach of OBLI - arises by fraud, negligence,
delay, and contravention. Debtor is liable
B. Involuntary Breach of OBLI - fortuitous events. debtor is
not liable
DEFINITION
1. Waiver - voluntary relinquishment of a legal right
2. Action – A civil or criminal judicial proceeding
3. Bad Faith – imports dishonest purpose
FORTUITUOS EVENT – event which cannot be foreseen or
though foreseen is inevitable (act of God or act of man)
a. Ordinary FE – usually happens
b. Extraordinary FE – does not usually happen
ELEMENTS OF FE
1. Independent of human will
2. Impossible to foresee or impossible to avoid
3. Impossible for debtor to fulfill obligation
4. Obligor free from aggravation of the resulting injury to
creditor
ART. 1174 no one is liable in case of fortuitous events
Except:
 Cases expresses specified by law
 When the nature of obligation requires the
assumption of such risk
Note: If obligation is generic, fortuitous event does not
affect the obligation under the principle “genus of a thing
can never perish” such as money and the like.
ART. 1176. Interest should be paid first before principal
a. Interest be paid first
b. Principal be paid accdg to the oldest (FIFO)

PRESUMPTION – legal assumption that a fact exist based

on proven existence of other facts
KINDS OF DAMAGES UNDER CIVIL CODE (MANTLE) 1. Disputable Presumption – it may be contradicted
pp 78-79 2. Conclusive Presumption – irrebuttable upon
1. Moral presentation of evidence and any evidence to rebut
2. Actual presumption is not admissible
3. Nominal
 b. Principal Obligation – exist without depending
CHAPTER 3: DIFFERENT KINDS OF OBLIGATION upon other obligations
A. Primary Classifications 8. Individual and Collective Obligations
1. Pure and Conditional Obligations a. Individual Obligation – involves on subject
a. Pure Obligations – demandable at once b. Collective Obligation – involves several subjects
b. Conditional Obligation – obligation whose
fulfillment depends upon future and uncertain
event
2. Obligations With a Period – depends upon future and
certain event
3. Alternative and Facultative Obligations
a. Alternative Obligations – involves multiple
prestation but only perform one
b. Facultative Obligations – principal prestation and
a substitute prestation
4. Joint and Solidary Obligations
a. Joint Obligations – each debtor can be made to
pay only his share in obligation (one is to one)
b. Solidary Obligations – one debtor can be made to
pay for the whole obligation subject to
reimbursement (one is to all)
5. Divisible and Indivisible Obligations
a. Divisible Obligation – can be fulfilled in parts
b. Indivisible Obligation – cannot be fulfilled in parts

B. Secondary Classification
1. Legal, Conventional, Penal obligations
a. Legal Obligation – arises from law
b. Conventional Obligation – arises from contracts
c. Penal Obligation – arises from commission of a
crime
2. Real and Personal Obligation
a. Real Obligation – to give
b. Personal Obligation – to do
3. Determinate and Generic Obligations
a. Determinate Obligation – obligation that is
individualized and can be distinguished from
others
b. Indeterminate Obligation – not individualized and
cannot be distinguished from others
4. Positive and Negative Obligations
a. Positive Obligation – to give or to do
b. Negative Obligation – not to give or not to do
5. Unilateral and Bilateral Obligations
a. Unilateral Obligation – one party is bound to
perform an obligation
b. Bilateral Obligation – both parties are reciprocally
bound to perform and obligation
6. Civil and Natural Obligations
a. Civil Obligation – if not fulfilled, gives right of
action to compel performance
b. Natural Obligation – based on equity and natural
law
7. Accessory and Principal Obligations
a. Accessory Obligation – exist depends upon a
principal obligation