Reviewer
Reviewer
Reviewer
Concepts of Law.
1. In its general sense, the term refers to all the laws taken
together. It may be defined as "the mass of obligatory rules
established for the purpose of governing the relations of persons
in society"
2.2. In its specific sense, the term Law has been defined as a "rule
of conduct, just, obligatory, promulgated by legitimate authority,
and of common observance and benefit-
2.Rule of law and not of men - They are the same, the law applies
equally and no one is above the law, we are govern by the rule of
law not on people.
1. It is a rule of conduct;
2. It is obligatory;
Just - fair
Characteristics of law
Sources of Law
UNIT II
Notes on Obligation:
DEFINITION OF OBLIGATION :
What is an obligation?
And based on the Article 1156 of the civil code of the philippines :
An obligation is judicial necessity to give, to do or not to do.
Ito is wala siyang legal basis base lang siya sa equity, morality ni
Obligor.
REQUISITES OF OBLIGATION:
The ACTIVE SUBJECT is the person who has the right or power to
demand the performance or payment of the obligation. He is also
called the obligee or the creditor. Dito naman siya iyong
nanghihingi ng payment or action na dapat iperform na
nakapaloob sa obligation.
SOURCES OF OBLIGATIONS
1. LAW
2. CONTRACTS
3. QUASI-CONTRACTS
5. QUASI- DELICTS
1. As to origin or cause
(2) As to foreseeability
Exceptions:
EXCEPTION:
PRESUMPTION
MEANING OF PRESUMPTION
-ILLUSTRATIVE CASE:
2) Pursue the leviable (not exempt from attachment under the law)
property of the debtor. Che
UNIT IV
Topic 1
ILLUSTRATION
ILLUSTRATION
"I shall give you P50,000.00 if you pass the Certified Public
Accountant Licensure Examination (CPALE)." The condition here
suspensive. You may not demand the delivery of the P50,000.00
until you pass the CPALE.
ILLUSTRATION
"I shall allow you to use my Condo Unit until you finish your
CPALE review". The condition here is Resolutory. The obligation is
immediately demandable but is extinguished once the condition,
"until you finish your CPALE review", is fulfilled.
If year 2020 had already arrived and "B" had not passed the Bar
Examination yet, the Suspensive condition had not been fulfilled.
Therefore, "A" has no obligation to deliver the Mercedez Benz car
to "B".
Is it suspensive or resolutory?
obligation.
3.In suspensive condition, rights are not yet acquired but there is
hope or expectancy that they will soon acquired.
ILLUSTRATIONS
1. Jose promised to sell his car to Pedro next month. If Jose finds
it appropriate to do so.
In this case, both the condition and obligation are void because
the fulfillment of the condition is purely dependent upon the will
of debtor Jose."
2. "I will pay you my debt in the amount P50,000.00 upon your
demand". The obligation is valid because the condition depends
exclusively upon the will of the creditor.
2. Casual Condition- This is a condition the fulfillment of which
depends upon (a) chance, or (b) upon the will of a third person.
ILLUSTRATIONS
ILLUSTRATION:
▪ Requisites:
1. Condition is suspensive;
3. He acts voluntarily.
ILLUSTRATION
(ART. 1187)
•Fruits or interest
•Period of prescription
NO RETROACTS INTEREST:
ILLUSTRATION
ILLUSTRATIVE PROBLEMS:
-ANS: No, A does not have to give B anything. "If the thing is loss
without the fault of the debtor, the obligation is extinguished" (1st
par. Art. 1189 NCC). The reason is that as a general rule no one
should be liable for the fortuitous event unless otherwise provided
by law or contract.
2. Deterioration
ILLUSTRATION
1. Improvement.
The power to rescind under the Article means the right to cancel
or resolve the contract or reciprocal obligations in case of non-
fulfillment on the part of one of the contracting parties.
• Art 1191 applies only to reciprocal obligations where two parties
are mutually debtor and creditor of each other in the same
transactions. The reciprocity must arise from identity of cause.
This presupposes that the two obligations are created at the
same time.
Example:
In a contract of sale, the buyer can rescind if the seller does not
deliver, or the seller can rescind if the buyer does not pay. (This all
right for this is a reciprocal obligation).
CHOICE OF REMEDIES:
CHOICE OF REMEDIES:
GUILTY OF BREACH
• If both parties claim that they are not the firstinfractor and it
cannot be determined from the circumstances who really breach
first the contract, the court shall declare the extinguishment of
the obligation and each shall bear his ow d
amages
•Art.1192 are deemed just. The first one is fair for both parties
because the second infractor also derived or thought he would
derived, some advantage by his own act or neglect.
A. Topic 2