Conditional obligations, A1179-A1188 Civil Code

Conditional obligations, A1179-A1188 Civil Code

1. Concepts Article 1179. x x x Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. (1113) (CIVIL CODE) Condition – means “every future and uncertain event upon which an obligation or provision is made to depend. It is a future and…

Pure obligations, A1179 Civil Code

Pure obligations, A1179 Civil Code

1. Concepts Article 1179. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. x x x (1113) (CIVIL CODE) Pure obligations – refer to obligations “whose performance does not depend upon a future or uncertain event, or upon…

Nature and Effects of Obligations, Civil Code

Nature and Effects of Obligations, Civil Code

Preliminary Chapter 2 on Nature and Effects of Obligations, Book IV – Obligations and Contracts, discusses the following: 1) Rights and obligations of creditors and debtors, A1163-1178 Civil Code 2) Standard of care, A1173 Civil Code 3) Negligence in performance of obligations, A1173 Civil Code 4) Fortuitous events, A1174 Civil Code 5) Breaches of obligations,…

Transmissibility of Rights, A1178 Civil Code

Transmissibility of Rights, A1178 Civil Code

1. Transmissibility of rights Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1112) (CIVIL CODE) a. Transmissible rights Transmissible rights – refer to rights which can be transferred to another by their nature and not otherwise prohibited by…

Usurious transactions, A1176 Civil Code

Usurious transactions, A1176 Civil Code

1. Usurious transactions Article 1175. Usurious transactions shall be governed by special laws. (n) (CIVIL CODE) See related: • Usury law 2. Presumptions Article 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. x x x…

Remedies for breaches of obligations, A1170-1173 Civil Code

Remedies for breaches of obligations, A1170-1173 Civil Code

Preliminary The injured party has the following remedies in case of breaches of obligations: 1) Fulfillment of the obligation; 2) Rescicission of obligation; or 3) In addition to Nos. 1 and 2, damages. (See CIVIL CODE, Paragraph 2, Article 1191) Creditors Article 1313. Creditors are protected in cases of contracts intended to defraud them. (n)…

Breaches of obligations, delay, demand, A1169 Civil Code

Breaches of obligations, delay, demand, A1169 Civil Code

1. Reciprocal obligations Reciprocal obligations – refer to obligations “that arise from the same cause, and in which each party is a debtor and a creditor of the other at the same time, such that the obligations of one are dependent upon the obligations of the other. They are to be performed simultaneously, so that…

Fortuitous events, A1174 Civil Code

Fortuitous events, A1174 Civil Code

1. Concept Article 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. (1105a) (CIVIL CODE) Fortuitous…

Negligence in performance of obligations, A1173 Civil Code

Negligence in performance of obligations, A1173 Civil Code

1. Concept Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. x x x If the law or contract does not state the diligence…

Standard of care, A1173 Civil Code

Standard of care, A1173 Civil Code

1. Standard of care The law provides for the following standard of care: 1) Ordinary diligence or good father of a family; and 2) Extraordinary diligence or the highest degree of care. a. Ordinary diligence Article 1173. x x x If the law or contract does not state the diligence which is to be observed…