OBLIGATION

- juridical necessity to give, to do, or not to do

Natural
Moral
Civil

Elements:
1. Active subject - Creditor/Oblige
2. Passive subject - Debtor/Obligor
3. Prestation - Object/Subject matter
4. Efficient cause - legal/juridical tie

Sources:
1. Law - there should be a law, can't be presumed
2. Contracts - meeting of minds > offer > accepted
3. Quasi-contracts - no meeting of minds
Solutions indebiti - undue payment
Negotiorum gestio - unauthorized management
4. Delicate - acts or omissions punishable by law
If accused: Convicted - civil & criminal obligation
Acquitted - may have civil obligation
> did not commit act, no civil obligation
5. Quasi-delicts - tort, culpa, negligence


Start Result
Quasi-Contracts lawful benefit
Quasi-Delicts lawful injury
Delicts unawful injury

To Give positive, real
Whether specific or generic you can go to court for specific performance in case of refusal.
Specific - can't be extinguished through other parties.
Generic - can be extinguished through other parties.

To Do positive, personal
Specific performance by court not allowed in case of refusal, only damages are allowed because
of breach of contract.

Not To Do negative, personal

Diligence:
1. As required by law.
2. As stipulated by parties.
3. Absence of 1&2. Diligence of a good father of a family.

Degree of Diligence
Stipulated by parties increase valid
decrease void
Common carrier stipulated: GFF void
req'd by law: utmost care- extra ordinary
Agency stipulated: extra ordinary valid
req'd by law: extra ordinary valid

Fruits determinate thing: right belongs to Creditor from the time the obligation to deliver arises.
Time obligation to deliver arise:
> with suspensive condition - from the time condition is fulfilled.
> with period with suspensive effect - when period arises
> without period/condition - at perfection of contract (meeting of minds)

Natural
Industrial
Civil

Delivery:
Constructive
1. Traditio Symbolica - symbol
2. Traditio Longa Manu - pointing the object
3. Traditio Brevi Manu - object is already in the hands of the Dr
4. Traditio Consititutum Posesorium - ownership is transferred, possession remained
5. Quasi-Traditio - with documents

General Rule: No demand. No delay
Except:
1. When law so provides.
2. Contract stipulates
3. Time is of the essence.
4. Demand would be useless.
5. Reciprocal obligation.

General Rule: No one is liable in fortuitous events.
Except:
1. When law so provides.
2. When parties stipulates.
3. Nature of the obligation requires assumption of risks
(example: insurance)
Respirit domino - "the thing perishes with the owner"

Damages:
I. Sources:
a) Fraud (dolo)
> casual (causante)
> incidental (incidente)
b) Negligence (culpa)
> contractual - with existing contract
> aquiliana - without existing contract
> criminal - with or without existing contract
c) Delay (mora)
> solvendi (Dr) - ex re -real obligation, to give
- ex persona -personal obligation, to do
> accipiendi (Cr)
> compensatio delay - both Cr & Dr
> contravention of tenor - violation of terms
II. Kinds:
> M - mora (mental & physical anguish)
> E - exemplar (to set an example)
> N - nominal (to vindicate a right)
> T - temperate (exact amount cannot be ascertained)
> A - actual (substantiated by receipt)
> L - liquidated (injury is yet to happen/predetermined)

Liability/responsibility Demandable Court-reduce
FRAUD x
NEGLIGENCE

Debt: >> oral >principal () / interest (x) void
>> written >principal () / interest ()
"No delay, no penalty"
The creditor can't be compelled to accept partial payment/fulfillment, EXCEPT: if there
stipulation.
Prima Facie - "disputable assumption"

Rights of Creditor:
1. Exact fulfillment / To demand payment = court
2. Exhaust the properties of Dr
EXCEPT: exempt from execution
>writ of attachment >public sale >proceeds
3. Accion pauliana - to rescind
>to impugned (question/challenge) the acts of the Dr
>>designed to defraud Cr
>>or deprived - right to enforce claim
4. Accion subrogatoria - to exercise the rights of Cr

Acts of Debtor: to rescind:
1. Donates (gratuitous) >donee : BF () GF()
2. Sells (onerous) >buyer: BF () GF (X)
EXCEPT: if there are remedies

Kinds of Obligation:
1. Demandable at once.
> pure/simple - no period/condition
> with condition - resolutory
> with period - with resolutory effect
2. With a period - benefit of both Cr & Dr
- can not be demanded before due date, court can only fix period
3. With condition
4. With condition and period

Will it happen? Fulfillment of obligation
Maybe (not sure): condition Before After
a) suspensive no obligation obligation arises
b) resolutory obligation arises obligation
Yes (sure): period