Tiêu đề [NOTES] RFBT.pdf ✅

OBLIGATIONS OBLIGATIONS, IN GENERAL ART 1156. An obligation is a juridical necessity to give, to do, or not to do. Kinds Natural: Ø grant a right of action Civil: give right of action Kinds as to Enforceability ▪ Prescribed but voluntarily reimburses ▪ Voluntarily performs the obligation ▪ In/testate heir voluntarily pays a debt exceeding the value of the property. Essential Active Subject / Creditor / Obligee Elements Passive Subject /Debtor / Obligor Object / Prestation Vinculum Juris / Efficient Cause / Juridical Tie (Absence of 1 element: Ø obligation) Transmissibility GR: All rights acquired in virtue of obli. are transmissible XPN: 1purely / strictly personal; 2stipulation; 3provision of law SOURCES OF OBLIGATIONS Sources Law Contracts Quasi-Contracts Delict Quasi-Delict LAW (EX LEGE) DEFN: Ø presumed; regulated by the precepts of law w/c establishes them EX: 1Duty of support; 2Duty to pay taxes CONTRACTS (EX-CONTRACTU) DEFN: have force of law between contracting parties QUASI-CONTRACTS (EX-QUASI CONTRACTU) DEFN: lawful, voluntary, and unilateral acts; give rise to juridical relation; Ø shall be unjustly enriched @ exp of another Negotiorum Gestio: GR: Voluntarily takes charge; w/o any power; obliged to cont. XPN: 1Ø neglected or abandoned; 2 tacitly authorized Solutio Indebiti: GR: received when there is Ø right to demand; unduly delivered through mistake REQ: 1who paid is Ø obliged; 2essential mistake of fact Other Examples: Funeral expenses, borne by 3rd person → reimburse the 3rd person. DELICT OR CRIME (EX-DELICTO) DEFN: Act or omission punishable by law; Governed by the Revised Penal Code Criminally liable = Civilly Liable ▪ Restitution ▪ Reparation of the damage caused ▪ Indemnification for consequential damages Proof Necessary: Criminal Liability → proof beyond reasonable doubt (sure) Civil Liability → preponderance of evidence (paramihan) Acquittal of Accused: Ø Civil Liabilty → did not do the act Civil Liability → acquittal due to reasonable doubt QUASI-DELICT DEFN: Act or omission causes damages to another; Fault or negligence → pay for damages REQ: 1act or omission; 2 fault or negligence; 3damage, 4direct relation of cause & effect Vicarious Liability: Acts done by: Responsible Minors (Live in their Company) GR: 1Father; XPN; death / incapacity of Father → 2Mother Minors & Incapacitated Person Guardian Employees (in the service) Owners & Managers Pupils & Students (in school) Teachers or Heads Employees & Household Helpers Employers Special Agent The State Defense: Persons above → observed all the diligence of a good father of a family to prevent damages. Employer → prove due diligence in selection & supervision; XPN: subsidiary liab in delict or crime Double recovery Ø allowed: ▪ Can file a case for criminal and civil liability but plaintiff Ø recover damages twice for same act or omission KINDS OF OBLIGATIONS Kinds of Civil Obligations PERFECTION AND EXTINGUISHMENT Pure Demandable at once Conditional Depend on event & condition w/ a term Period of effectivity / extinguishment is certain PLURALITY OF PRESENTATION Conjunctive All must be performed Alternative Only one must be performed Facultative Only one is demandable Debtor has the right to substitute RIGHTS & OBLI. OF MULTIPLE PARTIES Solidary (all for entire; any) Expressly so stated When the law requires When the nature of obligation requires Joint Only for respective share Disjunctive Use of “or” Not covered by the new civil code Solidarity Applies PERFORMANCE OF PRESTATION Divisible Certain # of days worked Metrical units of work Object is susceptible to partial perf. Payment in installments Indivisible Joint: Proceed against all, or act as all Solidary: Proceed against all OBLIGATIONS W/ A PENAL CLAUSE GR: Penalty shall substitute indemnity & Interest payments (Noncompliance) Debtor Ø escape fulfillment of perf by payment of penalty; XPN: Clearly granted Creditor Ø demand both at the same time; XPN: Clearly granted Performance → demanded; impossible w/o fault of debtor → penalty XPN Stipulation to the contrary Debtor refuses to pay penalty Debtor is guilty of fraud in fulfillment of obligation SUBJECT MATTER Real To Give Personal To do Not to do AFFIRMATIVENESS Positive To give To do Not to do PERSONS OBLIGED Unilateral 1 party is bound Bilateral Both parties are bound Reminders Potestative = Void Suspensive Upon the will of the debtor Constructive fulfillment When obligor voluntarily prevents fulfillment Effect of Impossible Obligation Positive Void Negative Always fulfilled Obli w/ a period Debtor pays when means permit him Condi w/ deadline GR: Extinguish the obli. REQ: Time expires; Induitable (event Ø take place) Negotiorum Gestio Solutio Indebiti
Kinds of Conditions WHEN PERFORMED Suspensive Give rise to obligation Resolutory Extinguishes obligation Return to each other what was received WHOM/WHERE IT DEPENDS Potestative Depends upon the will of the parties Causal Depends upon chance Mixed Partly upon will and partly upon chance CAPACITY TO BE PERF. IN PARTS Divisible Can be performed in parts Indivisible Ø be performed in parts # TO BE PERF. WHEN THERE ARE SEVERAL Conjunctive All must be performed Alternative Only one must be performed AS TO NATURE Positive Act / to do Negative Omission / not to do HOW IT IS MADE KNOWN TO THE OTHER PARTY Express State Implied Merely inferred WHETHER IT CAN BE FULFILLED* Possible Can be fulfilled Impossible Physically impossible Legally impossible Effect of Fulfillment* GR Retroact to the day of constitution of the obligation Fruits / Interests Reciprocal Obligation Deemed mutually compensated Unilateral Obligation Debtor entitled to fruits Period / Prescription Counted fr. the time the condition was fulfilled; unless the contrary Delivery of Specific or Determinate Thing (w/ Suspensive Condi) LOSS w/o fault of debtor Obli. is extinguished w/ fault of debtor Debtor is liable for damages DETERIORATION w/o fault of debtor Creditor bears impairment w/ fault of debtor Exact fulfillment, ask for damages Rescission & damages IMPROVEMENT By nature / time Improvement inured to creditor @ exp. of the debtor Debtor has no right except usufruct Kinds of Periods AS TO EFFECT Ex Die Period w/ suspensive effect In Diem Period w/ resolutory effect DEFINITE Specific date; Eg. Jan 31, 2025 INDEFINITE Certain but unknown; Eg. Death LEGAL Imposed by Law; Eg. Deadline for filing of tax returns VOLUNTARY Agreed by parties aka “conventional period’ JUDICIAL Fixed by courts Courts Fix the Period Art. 1191 Seller is ready to deliver but buyer is not ready to pay the price Art. 1197 When the period is intended but obligation did not fix a period When period depends upon will of the debtor Benefit of the Period GR: BOTH Debtor Ø be made to pay before the period Creditor Ø be made to accept payment before the period XPN: FAVORS ONE Depends upon tenor of obligation E.g. payable is to debtor, and collectible is to creditor DEBTOR LOSES RIGHT TO MAKE USE OF THE PERIOD (INFILVA) Insolvent; Unless there is guaranty / security of debt Guaranty / security is Ø furnished Guaranty / Security is impaired by his own acts Guaranty / Security is lost due to fortuitous event, unless he delivers new ones equally satisfactory When undertaking is violated If debtor attempts to abscond Alternative Obligations RIGHT OF CHOICE GR Debtor XPN Expressly granted to the creditor Given to a 3rd party NATURE Debtor’s right of choice is limited (Ø choose impossible / unlawful prestation) Choice is communicated; “concentration” Choice Ø be part of one and part of another If only one choice remains, debtor loses the right of choice Right of choice Debtor Creditor Lost ALL Lost SOME Lost ALL Lost SOME Fortuitous event Extinguished Deliver remaining Extinguished Demand from remaining Fault of debtor Value of last thing + Damages Deliver remaining Value of any thing + Damages Price of lost thing + damages; demand from remaining + Damages Fault of creditor - Rescission + Damages; Perform + Damages - - Facultative Obligation NATURE Debtor always has the right to substitute BEFORE SUBSTITUTION Lost Principal Extinguished Lost Substitute Ø extinguished AFTER SUBSTITUTION Lost Principal Ø Extinguished Lost Substitute Extinguished Rules on Enforcement of Solidary Obligations 1 Debtor may pay any creditor; XPN: If one creditor demands → payment is made to him for the entire amount 2 Novation, compensation, confusion, remission made by any creditor. Obligation is extinguished. ▪ Said creditor is liable to other creditors by way of reimbursement. ▪ If a debtor paid the liability before the same was extinguished by remission, heirs to receive reimbursement from co- debtor. ▪ Whole obligation is extinguished by way of novation, confusion, or compensation, debtor is reimbursed by co- debtors 3 Avail of total defenses such as: ▪ Payment by another co-debtor ▪ Contract is void ▪ Prescribed obligation ▪ Minority 4 If two or more debtors offer to pay → creditor may choose. 5 Debtor who paid → may claim share of co-debtors with interest 6 If one debtor is insolvent → all co-debtors including payor will share in the reimbursement in proportion to debt. 7 If demand is made to one debtor → creditor may still demand payment from other debtors. 8 If debtor pays after obligation has prescribed or become illegal → he is not entitled to claim reimbursement; Solidarity may exist even if liability of debtors are not in the same manner Rules on Enforcement of Joint Obligations 1 The debts/credits → independent of each other, 2 The vices of each obligation arising from the personal defect of a particular debtor or creditor → Ø affect the obligation or rights of the others; 3 The demand by one creditor upon one debtor → produces the effects of default only with respect to the creditor who demanded & the debtor on whom the demand was made, but Ø with respect to the others, 4 Interruption of prescription (judicial demand of one creditor) upon a debtor → Ø benefit the other creditors nor interrupt the prescription as to other debtors. Partial payment or acknowledgement made by one of several joint debtors → Ø stop the running of the statute of limitations as to the others: 5 Insolvency of a debtor → Ø increase the responsibility of co-debtors nor creditor entitled to demand fr. co-debtors Presumptions in In/Divisibility Divisible Indivisible Certain # of days worked Definite Things Metrical Units Ø susceptible of partial performance Susceptible of partial performance Law or the intention of parties treats it as indivisible Installments Indivisibility JOINT INDIVISIBLE Right of creditors should be collective Debt is enforced by proceeding against all debtors If 1 debtor is insolvent, others are not liable for his share → convert obli. into monetary 1 debtor did not comply Debtor Ø ready to comply: Share + Damages Debtor ready to comply: Share only Ø is ready to comply → claim share + damages from all debtors SOLIDARY INDIVISIBLE 1 is not ready to comply → ready debtor = liable for damages Innocent debtor → claim reimbursement from co-debtors Reduction of Penalty by the Court 1 Principal Obligation has been partly or irregularly complied with 2 Penalty is iniquitous or unconscionable NATURE & EFFECTS AND REMEDIES IN CASE OF BREACH Concurrent Obligations give generic thing No concurrent obligation give determinate / specific thing Take care of the thing w/ proper diligence of a good father of a family To deliver fruits (no real right) Natural: Products of the soil & animals Industrial: Fr. human intervention; labor Civil: Fr. judicial relation of parties; rentals To deliver all Accessories: Incl. w/ principals Accessions: Additions & improvements