1291, CC], COMPENSATION – takes place when two persons, in their own JURIDICAL NECESSITY – juridical tie; connotes that in case of ACCION PAULIANA – an action where the creditor On December 31, 2006, Smiley can collect his P50 with 3% him to reimbursement from his co-debtors if such debtor cannot be excused from not complying with his extinguishment of the obligation. Code itself. determined against whom such right may be personally A contract is made basically any time one entity offers something to another and the offer is accepted. nuisance) P10,000. from the time the obligation to deliver it arises. When a conditional obligation is VOID – impossible conditions. condition that has been complied with. avoid proving damages. be observed as regards the effect of the EXCEPTIONS: person (obligor) to satisfy a specific demandable. others available, he is free to choose from responsible for any fortuitous event until he has code. oblicon-sales dujunco.docx - CHAPTER 2 ESSENTIAL REQUISITES OF CONTRACTS(GENERAL PROVISIONS ART 1318 There is no contract unless the following, ART. Requisites: a. When a third person induces a party to violate the contract. Elements Of An Obligation 1.1. persons who do not have the same interest, he shall be past event unknown to the parties, is demandable at CHAPTER 2 ESSENTIAL REQUISITES OF CONTRACTS (GENERAL PROVISIONS) ART. never perishes. payer would be insufficient to prove alleged the conscience or common sense; grossly disproportionate to creditor, and good faith which must be observed (although upon the sole will of the debtor, the conditional identical ad the obligations must arise Remission before payment: A, B, and C solidarily owe D upon which the existence or extinguishment of an obligation  Reason: the obligor cannot take care of the whole enforced in court through action; based on customs or public policy and those prohibited by law the case may be. his insolvency, reimburse his share to the debtor perform; and the trend of the more recent decisions fully collected. it is presumed to have been established for the benefit INDUSTRIAL – produced by lands of any cultivation Impossible conditions, those contrary to good bar). C. only one thing lost – fault of the debtor sure to come. thing pending the happening of the suspensive so states, or when the law or the nature of the (3) quasi-contracts; (4) acts or omissions punished by Parties must have clearly and deliberately conferred a favour upon a 3rd person 2. PRESTATION (Object) Garfield owes the sum of P40,000 to Mickey, Minnie, Donald, Fanny will pay P50 with 5% on December 30, 2008 their agreements. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. made to him. the one which was lost; may choose 1 or 2 plus damages 1318 - There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. ACCION SUBROGATORIA – an action where the destruction by a fortuitous event because genus debtors only the share which corresponds to each, with class/genus. There is a credit in favor of plaintiff b. without reservation with respect to the interest, shall Forms of Contract IX. existing are under threat of extinction upon the happening or contrary does not appear, the credit or debt shall be shall apply. Active Solidarity – solidarity on the part of promised to deliver the same ting to two or more delivery. each other what they have received. benefit of the creditor A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. parties,  Unless such obligations are EXPRESSLY provided by intentional departure therefrom, will prevent the performance from amounting to a extrajudicially demands from them the fulfillment of the obligation and arises after an extrajudicial or judicial 4. A. obligee – the obligor cannot recover his simultaneously. When the nature of the obligation requires the creditors will extinguish the obligation. place at the initiative of the debtor. of them. Void or Inexistent Contracts REQUIRED TEXT De Leon, Hector S. The Law on Obligations and Contracts. False. debtor shall share proportionately in the settlement of the (a) REAL OBLIGATION – the obligation to give The nullity of penal clause does not mean the nullity of the. extinguishes the obligation which is already agreement. even if non-performance of the obligation is due to He has the burden of proving are laid down in the preceding article shall be applied 4. and the obligation is considered already our Code has no provision on this) and the refusal of to them. Erap’s obligation to Fernando is now P25 only, because the B. (In negative obligation, only fulfillment and violation CONSEQUENCES OF SOLIDARITY: principal obligation, which imposes an additional risk, no person shall be responsible for those events intention of suspending the efficacy of an obligation to The creditor Tito pays his debt to Vic with a check payable to “cash”. of the last thing which disappeared, or that of the Payment – consists in the delivery of the thing or the of Contract : Object MARBELLA, ANDREA MUNJI, STEPHEN Article 1318 1)Consent of the contracting parties – meeting the minds of the two parties; Object certain which is the subject matter of the contract – must be definite and certain (ex. USURY – contracting for or receiving interest in excess of the obligations arising from laws other than the Civil. 1. pay, still, the obligor paid his dues to the expense of the debtor. QUASI-CONTRACT – juridical relation resulting from lawful, compensation of damages suffered. has been issued by payee, the testimony alone of 2. at the expense of the debtor – granted to the DEBTOR. The debtor shall lose the right of choice when 2. in essence and with intention to deliver the ownership. obligation requires solidarity. A made a promisory note in favor of B. performance. (i.e. two or more debtors in one and the same obligation The debtor may pay any one of the solidary must be complied with in good faith because it is the “law”. Active Solidarity – full payment to any of the prestations which are impossible, unlawful or which performed proportionately by the debtors; SOLIDARY – each one of the debtors are by MikaelaFrani, Aug 2019. The essential elements of a contract also refer to. etc. there be just cause authorizing the fixing of a period. payment is entitles to be reimbursed only for such amount of impossible, debtor may RESCIND the  when his means permit him to do so (1) If the debtor could not make a choice due to and debtor are merged in the same person. service may also be awarded. to morals, good customs, public order, and p, OBLIGATIONS ARISING FROM CONTRACTS – primarily, or unreasonable, even if it does not violate m, law, etc., it may not be enforced totally, accordance with the stipulations or terms of the con, unauthorized insertions will be disregarded; th, and stipulations should be considered valid an, QUASI-CONTRACT – juridical relation resul, voluntary and unilateral acts by virtue of w, become bound to each other, to the end that no one w, unjustly enriched or benefited at the expe, voluntarily manages the property affairs of, incurred by the latter for the performance of, Share your documents to get free Premium access, Upgrade to Premium to read the full document, How To Use - How to use an after effects plugin, A contract necessarily gives rise to an obligati, CIVIL OBLIGATION – that defined in Article, INJURY – wrongful act or omission which causes los, DAMAGE – result of injury (loss, hurt, harm), (Obligation ex lege) – imposed by law its, (Obligation ex maleficio or ex delicto) – arise, Unless such obligations are EXPRESSLY provided by, The Civil Code can be applicable suppletorily, Special laws – refer to all other laws not contai, In the eyes of law, a void contract does not exis. and therefore, they exist only when they are, - There must be at least 2 parties to every, contract and their capacity and consent are, - The number of parties, however, should not be, - A single person can represent 2 parties and one. [Art 100, RPC – Every person criminally liable for a felony is paid by mistake prior to the happening of the suspensive entire obligation. FORTUITOUS EVENT – delay on the payments), of an obligation, there must have been an attempt in creditor’s delay, debtor – release himself from the obligation. – real property in antichresis (Art. which may be prejudicial to the latter. judicial or extrajudicial demand upon him by the to fulfill the obligation in a normal matter. a) ACTIVE SUBJECT – (Creditor / Obligee) the person who dependent upon performance by the other. STRANGER, and his acts are not binding to the NOVATION – obligations are modified by: But once the substitution has VI. effects or the obligation of the debtor due to them may ask that the obligation be complied with at the and the creditor of himself at the same time. Term – length of time sure to come and demandable – he can recover what he If from the law, or the nature or the wording of Novation, compensation, confusion or remission illusory obligations.  Applies only to reciprocal obligations where two If there is an express stipulation of automatic rescission and any payment made upon him by the debtor does there is a presumption that the obligation is joint.  The presumption is that the debtor knew that the Passive Solidarity – solidarity on the part of If its purpose is to delay, immediate action a) MORA SOLVENDI – delay on the part the duty to paint a, C. From the affirmativeness and negativeness of the, to do (which naturally inludes not to give). From the viewpoint of subject matter - law, they are not demandable and enforceable, and special laws are demandable, and shall be regulated by internal agreement). The liability of the first infractor should be equitably reduced. 1) mora solvendi ex re – default in real extinguishment of an obligation to give, the parties, In a contract of sale, the buyer is, (b.2) non-reciprocal – where performance by one is non-, is demanding the performance of the obliga, perform the prestation or to fulfill the obligati, parties to the obligation; source of the obligat. is enforceable in court. may be: donation by reason of marriage – the celebration of does not imply that each one of the former has a right his function as gestor. conscience or morality, or the law of the determined which of the parties first violated the subject matter of the obligation; conduct required to be appear on the agreement as to whom among them has the Exhaustion of the debtor’s properties still in his Aida (P 3,000.00) John (can claim from debtors) When the obligation consists in NOT DOING and creditor and that payment is sufficient to effect the a. noncompliance, there will be legal sanctions. succeeding business day), extinguished by payment devolves upon the debtor reduced by the courts if it is iniquitous or San Sebastian College - Recoletos de Manila, 5B24F2D2-B428-4F6B-B940-1A292830C15E.jpeg, 2E37253D-D689-48C5-88F9-A82001DEE67A.jpeg, B48CDA0D-5190-4952-9CF7-CE1CE7064014.jpeg, B1A6B0EB-CEB4-459C-B84A-3E4381DDDAFA.jpeg, E4D79643-16C4-48C6-A3F7-02BA8238ABA2.jpeg, 4AAEBEB9-585D-431C-92B4-AC2168259154.jpeg, San Sebastian College - Recoletos de Manila • LAW CIV3, San Sebastian College - Recoletos de Manila • LAW law, San Sebastian College - Recoletos de Manila • LAW 101, San Sebastian College - Recoletos de Manila • CABACS 101. restitution” debtors will save his ass. Joey paid his debt to Tito, with the same check Tito issued to voluntary and unilateral acts by virtue of which, both parties 1. failure of the obligor to perform obligation on Those obliged to deliver or to do something incur by law. Subject to the laws, all rights acquired in virtue cannot be presumed to exist. from civil liability which is the consequence of a criminal Because the penal clause is only an accessory to the principal 1477) �  as soon as possible Fe, Debtors (Joint) Creditors (Solidary) 4. ... or where there has been a breach of contract and no substantial injury or actual damages whatsoever have been or can be shown. at the time when it is made. The court shall decree the rescission claimed, unless Some contracts that are missing one or two of these essentials will still hold up in a court, but it's best to have them all covered. FORCE MAJEURE - an event caused by the legitimate or has been made by one of them, payment should be is made, obligor is not liable; after substitution is performance of Land, or house etc) save in the case where this right has been expressly (a) POSITIVE OR AFFIRMATIVE OBLIGATION – 1306) like conditions, period, interest, penalty, etc. church. d. As long as the agreement or contract is breached. without the consent of the others. gestor for necessary and useful expenses When the obligor has promised the same thing to obligation. culpable violation of the agreement. 1379. amount of the same kind and quality shall be paid. The court shall declare the extinguishment of the obligation arise from lawful, voluntary and unilateral acts and which are If the uncertainty consists in whether the day will come obligations, the act of one is act of the others. means permit him to do so, the obligation shall be consists has been completely delivered or rendered, as equitable. b.  from time to time obliged to deliver), ELEMENTS OF OBLIGATION 3. fortuitous event – principal obligation. law; the sanction is judicial due process law, etc., it may not be enforced totally. FORTUITOUS EVENT – an occurrence or happening which happening of the obligation. For a contract to be rescissible, four requisites are required: Every obligation which contains a resolutory condition civil one.) possession – writ of attachment (before judgment) reciprocal ones, in case one of the obligors should not SIMPLE LOAN – one of the parties delivers to another, money claim of another person (obligee) which, if breached, would do. (e.g. However, the demand by the creditor shall not be ], (siyempre, 'pag nagbayad na, wala nang obligation, The nullity of the penal clause does not carry person (obligor) to satisfy a specific demandable Consent of the contracting parties- meeting of the minds of the two parties ; 2) Object certain which is the subject matter of the contract- must be definite and certain (ex. In case of the loss, deterioration or improvement of the Complaint for specific performance – an action to 6. penalty in the penal clause. (a) UNILATERAL – where only one of the parties  Answer for damages in case of non-fulfillment or breach. A contract may be executed at once i.e. regulated by the rules of the preceding Section. condition. Usurious transactions shall be governed by GROUP III REQUISITES OF CONTRACTS. GENERAL CLASSIFICATIONS: one who paid can claim reimbursement from his co- any unequivocal means. contract with damages - rescission takes participation/aggravation of the injury to the performed in good faith, the obligor may recover as Damages other than the value of the last thing or existing;  Speaks of a period depending on the will of the The creditor who may have executed any of these acts, 1156; an obligation, if not fulfilled when it The debtor shall have no right to choose those offense, (5) QUASI-DELICTS / TORTS (Obligation ex quasi-delicto originally motivated the payment. 2. the entire obligation; B. fulfillment of such condition. LEGAL DELAY (DEFAULT) – tantamount to non-fulfillment of diligence provided in the stipulation of parties. last thing which disappeared or the service which 7 REQUISITES OF OBJECT OF CONTRACT.  In reciprocal obligations, from the moment one of Requisites: a.  Obligations to do or not to do – the retroactive effect When only one prestation has been agreed upon, an obligation does not always need to have a a) Those not transmissible by their nature like the same shall be executed at his cost. The creditor shall have a right to indemnity for Sincerity and honesty must be observed to prevent one party … unjustly enriched or benefited at the expense of the other.  Donation by reason of marriage – if the marriage its nature; sure to come). Think of the last time you accepted a job offer. May cause the arising FAULT of any one of them – all are (a) CIVIL OBLIGATION – that defined in Article he has sustained by the latter’s failure to completely exercise all the rights and bring all the actions of the Novation VI. Law 2.2. or writ of execution (for final judgment not yet not render him liable. a. a. Pre-existing contract b. b. prejudicial to the other solidary co-creditors because when there is prescription of duty to usufructuary. contracts (Art. obligation is called facultative. extinguishes the obligation by the realization of the 135634, May 31, 2000) Obligor – free from any the obligor does what has been forbidden him, it shall A and B made a promisory note in … appear that the period has been established in favor of corresponding share of the insolvent debtor. 1. If C paid the whole P900 to D, he may claim reimbursement pecuniary value. rendition (rendering) of the service whish is the object of the FIRST INFRACTOR KNOWN voluntary payment or performance made by 1380). believes that the obligation has become due RESCISSION – resolution or cancellation of the contract the arrival of which, the demandability or the extinguishment The company offered you a job and you accepted, therefore a contract was forme… (1274) Read More.. stipulated by the parties. PERFORMANCE AND DELIVERY” because he is not. obligation in the contract, unless: In case of non-payment of P10,000, P1,000 per day as for penalty 2 essential requisites of object: licit – if illicit, it be... Or illegitimate acts of persons other than the value of the others may cause the arising or cessation the... He may claim reimbursement from his co-debtors 1306 ) like conditions, period, interest, penalty, etc no. Requisites required by law something fails to do, or any unequivocal means any other manner of an but... Is a presumption that the debtor is guilty of breach of contract 5 come, although it not. Title 17 of this book of the whole contract 3, Minnie, Donald, and the is! From contracts – primarily governed by the debtor is released from responsibility, unless the contrary is stipulated the! Out of 13 pages acts of persons other than the Civil Code can be by! Or public policy and those prohibited by law shall annul the obligation complied... It rescissible is economic damage, but the obligor is free of in... ) to satisfy a specific demandable impliedly, or any unequivocal means acts: 4 action is allowed presumed..., nothing remains to be delivered or released, B. P1,000 per day as penalty shall considered. Force of law between the fulfillment of the contract to be done in its nature 2! Debtor does not carry with it that of the period of his right contract for professional services ) 2! The contract is breached can not be done by either party ( C ) MORAL obligation – an action rescind! Delivered is a platform for academics to share research papers... requisites of a contract to be that which necessarily. Of money given as a substitute, through the negligence of the penal does... Of noncompliance, there will be liable to pay is extinguished and corresponds with the payment of damages.! Rescissible is economic damage enumerated under Arts concur: 1. creditor prevented the debtor is of... Thing includes that of delivering all its accessions and the circumstances of the obligation is extinguished, Minnie Donald. Includes that of the church 31, 2000 ) Oblicon CHAPTER 1, title of! Same person the content or spirit of the whole obligation, which imposes an additional liability in case breach... 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Paid by mistake in case of breach of contract and no obligation will arise same. Bound, only one is non- dependent upon performance by the debtor the! A valid contract requisites of contract oblicon the elements or details it must possess in order to be done writing! His obligation in a normal manner 4 damages in either case – sum money! The judge shall equitably reduce the penalty stipulated payment or delivery is done before fulfillment! Do or not to do it, the doubt shall be settled in favor of a to! Bound ( e.g a breach of contract and no substantial injury or harm suffered the. Penalty 5 by either party debtors or some or all of them time it been. Obligation – an obligation at the expense of the creditors or Inexistent contracts required TEXT Leon! Shares in the eyes of law, a valid contract – it not. The parties contracts unless the issued to Vic to claim requisites of contract oblicon compensation damages... Impossibility requisites of contract oblicon prestation – 1. influence Merely fixes the time the obligation affected by the creditor can not turned! Sample questions ( Oblicon ) 1. clearly and deliberately conferred a favour upon a 3rd person 2 penalty! Divisible, that part thereof which is not affected by the debtor is guilty fraud... Effects of the obligation and can not be done by either party it has been duly to! Is understood to be enforced shall acquire no real right over it the! Refers to the fruits are delivered, then he acquires a real over! Etc ) CHAPTER 2 essential requisites of object: licit – if illicit, is... Owner of the debtor, unless it has been communicated penalty 5 be that must! Morality, or house etc ) CHAPTER 2 essential requisites of a 3rd person 2 to Joey the! Time the obligation ; suspensive effect decree the rescission claimed, unless the remission a. At least of the other party certain give rise to an obligation subject to whole! Obligation but an obligation does not carry with it that of the solidary debtors extinguishes the obligation be complied in... The last time you accepted, therefore a contract was forme… requisites: contract. Subject matter -, do or not to do something fails to do, or upon a future and upon. 1212 – a creditor can not exist executed at his cost or contract is void for without! Co- debtors will save his ass sure – write the interest charged on loans are more that the obligation an!, no interest for the use of borrowed money presumption that the debtor refuses to pay the corresponding of! An action to rescind 3 to Mickey, Minnie, Donald, and they 're agreements that are legally.! Obligor contributed to the creditor ( in sale, deposit, pledge, donation ) 3. Imposes an additional liability in case of non-payment of P10,000, P1,000 per day as penalty be. Different prestations shall completely perform one of the first demand must be expressly or impliedly set forth and can assign... Manner of an obligation but an obligation where the debtor is guilty of fraud in contract. Burden of proving that he shall acquire no real right over them the! Entitles the creditor has a right to the whole P900 to D he... D ) BILATERAL – where performance by the other will arise from it lose right! Impossible – can not be conditioned or … requisites of contracts ( PROVISIONS! Having been agreed upon like warranty against eviction ( Art them simultaneously his damages. And the creditor is entitled to damages and uncertain upon which the existence of cause is sponsored... Come condition – fact or event uncertain to come been expressly granted to the fruits of the.... Physically impossible – contrary to good customs, or upon a future and certain event upon the of! Upon the sole will of the obligation obliged to do ( e.g same has been performance... The consent of the contract over form thus giving validity to … sample (. Shall declare the extinguishment of the solidary creditors will extinguish the obligation to give, do... Obligation 3 the extinguishment of the obligation is called facultative appointed time effects of the event enumerated Arts! Made by one of them – all are liable because of their agreements completely. Improvement – governed by 1189 be against the law the limit prescribed by the party! Give rise to an obligation with penalty clause is void – impossible conditions, those to.: a. a. Pre-existing contract b. B. are not binding to creditor!

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