Law On Obligation And Contracts Pdf
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- De Leon - Obligation and Contracts
Topics Civil code book 4 Collection opensource Language English. This is the notes made by the legendary Soriano for the review class of the legendary Atty.
law on obligations and contracts test bank pdf
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article , and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article , may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery.
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist:.
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances.
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. When negligence shows bad faith, the provisions of Articles and , paragraph 2, shall apply.
If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. 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.
Usurious transactions shall be governed by special laws. 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.
The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid.
The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.
Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.
Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. The condition not to do an impossible thing shall be considered as not having been agreed upon. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.
The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.
The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated.
If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.
The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:.
In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. As for the obligations to do and not to do, the provisions of the second paragraph of Article shall be observed as regards the effect of the extinguishment of the obligation.
The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles and and the Mortgage Law. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages.
Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not be known when. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section.
In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article shall be observed. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests.
Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof.
The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. The debtor shall lose every right to make use of the period:.
The creditor cannot be compelled to receive part of one and part of the other undertaking. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. The choice shall produce no effect except from the time it has been communicated. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.
The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible.
Damages other than the value of the last thing or service may also be awarded. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then the responsibility of the debtor shall be governed by the following rules:.
When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative.
The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.
If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share.
The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. A solidary creditor cannot assign his rights without the consent of the others.
The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them.
The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.
Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded.
When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal.
law on obligations and contracts study guide answers
An obligation is a juridical necessity to give, to do or not to do. Meaning of obligation. The term obligation is derived from the Latin word obligatio which means a tying or binding. Our law merely stresses the duty of the debtor or obligor he who has the duty of giving, doing, or not doing when it speaks of obligation as a juridical necessity. Meaning of juridical necessity. Obligation is a juridical necessity because in case of non-compliance, the courts of justice may be called upon to enforce its fulllment or, in default thereof, the economic value that it represents. In a proper case, 1.
A short summary of this paper. Divisible and Indivisible Obligations 6. The obligations of a contract depend on the type of contract formed and what is being exchanged. Pure Obligationb. This contains only the articles.
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De Leon - Obligation and Contracts
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- Он поднес телефон к уху и рявкнул: - Коммутатор. Соедините меня со службой безопасности. Хейл начал выворачивать шею Сьюзан. - Я-я…я убью. Клянусь, убью.
- Меня осенило. Здесь шестнадцать групп по четыре знака в каждой. - О, ради Бога, - пробурчал себе под нос Джабба. - Все хотят поиграть в эту игру. Сьюзан пропустила эти слова мимо ушей.
Коммандер Тревор Стратмор - ее наставник и покровитель. Сьюзан многим ему обязана; потратить день на то, чтобы исполнить его поручение, - это самое меньшее, что он мог для нее сделать. К сожалению, утром все сложилось не так, как он планировал. Беккер намеревался позвонить Сьюзан с борта самолета и все объяснить. Он подумал было попросить пилота радировать Стратмору, чтобы тот передал его послание Сьюзан, но не решился впутывать заместителя директора в их личные дела. Сам он трижды пытался связаться со Сьюзан - сначала с мобильника в самолете, но тот почему-то не работал, затем из автомата в аэропорту и еще раз - из морга.
Любовь. Дэвид Беккер должен был погибнуть за первое, второе и третье. ГЛАВА 103 Стратмор возник из аварийного люка подобно Лазарю, воскресшему из мертвых.
Глаза Халохота закатились, глядя в пустоту. Странно, но его очки ничуть не пострадали. Странные очки, подумал Беккер, увидев проводок, который тянулся от ушных дужек к коробочке, пристегнутой к брючному ремню. Но он настолько устал, что ему было не до любопытства.
Болван этот полицейский. Ну только подумайте. Усадить человека моих лет на мотоцикл.