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    Session 3 LAW201

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    VJ DOROTHY MACARAIG

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    Session 3 LAW201

    Uploaded by

    VJ DOROTHY MACARAIG
    7 views9 pages

    Copyright

    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    Download as pptx, pdf, or txt
    7 views9 pages

    Session 3 LAW201

    Uploaded by

    VJ DOROTHY MACARAIG

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    OBLI-CON

    (Nature and Effects of


    Obligations)

    Atty. Arnold V. De Castro


    OBLIGATION TO GIVE
    OBLIGATION TO GIVE

    KINDS OF THING/PROPERTY IN TERMS OF


    OWNERSHIP OR POSSESSION
    Personal Real

    -movable -immovable

    - By nature, it can be physically - By nature, it does not need to be


    transferred from one place to another physically transferred from one place
    for its utilization to another for its utilization
    OBLIGATION TO DO & NOT TO DO
    BREACHES OF OBLIGATIONS
    VOLUNTARY INVOLUNTARY
    Default (Mora) Fraud (Dolo) Negligence (Culpa) Fortuitous Event
    Elements: intentional evasion of unintentional act which caused 1. Cause of event is
    faithful performance of damage independent of
    debtor’s will;
    1. Obligation must be obligation
    2. Event is
    due and demandable; unforeseeable or
    fraud must be Degree of Diligence Required:
    2. Debtor fails to unavoidable;
    incidental fraud, or that
    perform obligation on 3. Event makes it
    which is present during 1. That agreed upon
    the date agreed upon; absolutely impossible
    NOT prior the 2. In the absence of such, that which for debtor to fulfill
    3. Judicial or extra‐
    performance of is required by the law obligation in normal
    judicial demand made
    obligation 3. GR: In the absence of the manner;
    by creditor upon 4. Debtor must be free
    Waiver of past fraud= foregoing, diligence of a good father
    debtor to fulfill from any participation
    ALLOWED of a family a.k.a. Ordinary Diligence
    obligation; in, or the aggravation
    Waiver of future of injury to creditor
    4. Debtor’s failure to
    fraud= PROHIBITED EXC: When other degree is required
    comply with demand.
    BREACHES OF OBLIGATIONS
    ADDITIONAL POINTS
    DELAY FORTUITOUS EVENT
     In reciprocal obligations, neither party Fortuitous Event Force Majeure
    incurs in delay if the other does not Act of God Act of Man
    comply in a proper manner with what
    is incumbent upon him. independent of caused by the
     Pertinent Exceptions where Demand human intervention legitimate or
    as Element No. 3 of Delay is not illegitimate acts of
    needed: persons other than
    (1) The law expressly so dictates; the obligor
    (2) Time is of the essence
    REMEDIES FOR BREACHES
    VOLUNTARY INVOLUNTARY BREACH
    BREACH
    Creditor can GR: Creditor cannot demand damages
    demand
    damages from EXC: Creditor can demand damages if:
    debtor 1. Allowed by law
    2. Nature of obligation requires assumption of risk
    3. Allowed by stipulation of parties
    4. Debtor, guilty of dolo, malice or bad faith, promised the same
    thing to 2/more persons who does not have same interest
    5. Debtor contributed to loss
    6. Debtor obligor is guilty of fraud, negligence or delay
    REMEDIES FOR BREACHES
    Other Pertinent Remedies:

    1. Specific Performance

    2. Rescission/Cancellation in case of Reciprocal Obligations


    REFERENCES
    A. Books
     De Leon and De Leon. (2021). Obligations and Contracts. Rex Publisher
     Jurado (2020). Obligations and Contracts Reviewer. Rex Printing Company, Inc.
    B. Electronic References
     Jurisprudence (n.d.) Retrieved on 13 August 2021 from http://sc.judiciary.gov.ph/decisions/
     Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from http://supreme.chanrobles.com/
     Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from
    https://lawphil.net/judjuris/judjuris.html
     Jurisprudence (n.d.) Retrieved on 13 August 2021 from
    https://www.officialgazette.gov.ph/section/judicial/supreme-court/decisions/
    C. Others
     Official Gazette of the Republic of the Philippines
     Philippine Reports
     Supreme Court Reports Annotated

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