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I Obligations

I Obligations. Articles 1156 to 1304 of the Civil Code of the Philippines. Concept /definition:

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I Obligations

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  1. I Obligations Articles 1156 to 1304 of the Civil Code of the Philippines

  2. Concept /definition: - a juridical relation whereby a person called the creditor may demand form another (called the debtor) the observance of a determinate conduct and in case of breach, may obtain satisfaction from the assets of the latter

  3. 2. Sources • Law • Contracts • Quasi- contracts • Acts or omissions punished by law • Quasi-delicts

  4. 3. Nature and effects of obligations • Diligence of a good father of a family – standard of care • Right to fruits • Concept and nature of delay • Need for demand • Liability for damages- fraud, negligence, delay , breach of the obligations

  5. 4. Different Kinds of Obligations: • Pure • Conditional • With a term • Alternative • Joint • Solidary • Divisible • Indivisible • With a penal clause

  6. 5. Extinguishment of obligations • Payment or performance • Loss of the Thing due • Condonation or remission of debt • Confusion or merger of the rights of creditor and debtor • Compensation • Novation • Annulment, recission, fufillment of resolutory condition and prescription

  7. Payment or performance • Requisites: • (1) person who pays, • (2) the person to whom payment is made • (3) thing to be paid • (4) manner, time and place of payment

  8. Substantial performance- good faith in the performance, without any willful or intentional departure therefrom. • Estoppel of creditor • Right of third person • Payment to incapacitated

  9. Dation in payment • Novation by change of object • Delivery of transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation • Governed by the law on sales

  10. Legal tender • Such currency which in a given jurisdiction can be used for the payment of debts, public and private which cannot be refused by creditor: • Payment by check –not a legal tender • A check, whether a manager ‘s check or ordinary check, is not a legal tender, and an offer of check in payment of a debt is not a valid legal tender of payment and may be refused receipt by the obligee or creditor • ( Citibank N.A. Vs. Sabeniano ,504 SCRA 378 , October 16, 2008)

  11. Application of Payments • Right of the debtor • Payment of interest • Most onerous debts • Tender of Payment and Consignation

  12. Loss of the thing due • Effect of fortuitous event • Loss of determinate • Loss of Generic thing • Effect of Partial Loss

  13. Condonation or remission of debt • Confusion or merger of the rights of creditor and debtor • Compensation • Novation

  14. II Contracts Articles 1305 to 1422 of the Civil Code of the Philippines

  15. Definition /concepts • Requisites of contracts: • Consent • Objects • Cause Form of Contracts • Interpretation of Contracts

  16. Defective Contracts: • Rescissible • Voidable • Unenforceable • Void

  17. Case Digest • Facts: • Issue: • Decision:

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