Law 1: Obligations and Contracts 2nd Sem
|Obligation|| A juridical necessity to give, to do, or not to do.|
It is impressed with the character of enforceability.
|Requisites of Obligation|| 1. Juridical/Legal Tie|
2. Active Subject
3. Passive Subject
4. Fact, prestation or service
|Sources of Obligation|| 1. Law|
|Compliance in good faith||Performance in accordance with stipulation, clauses, terms and conditions of the contract|
| Right of the Creditor to the Fruits|
| 1. Before delivery - personal right|
2. After delivery - real right
|Personal Right and Real Right distinguished||Personal |
1. Personal - jus ad rem, a right enforceable only against a definite person or group of persons.
Real - jus ad re, a right enforceable against the whole world.
2. Personal - right pertaining to the person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do.
Real - right pertaining to a person, over a specific thing, without a passive subject, individually determined against whom such right may be personally enforced.
|Different Kinds of Obligation||1. Pure Obligation - one whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period and characterized by the quality of immediate demandability.|
2. Conditional Obligation - one whose effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain fact or event.
|Traditional Classifications of Conditions|| 1. Suspensive; Resolutory|
2. Potestative; Casual; Mixed
3. Possible; Impossible
4. Positive; Negative
5. Divisible; Indivisible
6. Conjunctive; Alternative
7. Express; Implied
|Suspensive and Resolutory||Suspensive - when the fulfillment of the condition results in the acquisition of rights arising out of the obligation; or a condition which must be fulfilled before an obligation is enforceable|
Resolutory - when the fulfillment of the condition results in the extinguishment of rights arising out of the obligation; or a condition that, upon fulfillment, terminates an already enforceable obligation and entitles the parties to be restored to their original positions
|Potestative, Casual, and Mixed||Potestative - when the fulfillment of the condition depends upon the will of a party to the obligation; or a condition whose fulfillment was completely within the power of the obligated party|
Casual - when the fulfillment of the condition depends upon chance and/or the will of a third person
Mixed - when the fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or will of a third person
|Possible and Impossible|| Possible - when the condition is capable of realization according to nature, law, public policy, or good customs|
Impossible - when the condition is not capable of realization according to nature, law, public policy, or good customs
|Positive and Negative|| Positive - when the condition involves the performance of an act|
Negative - when the condition involves the omission of an act
|Divisible and Indivisible|| Divisible - when the condition is susceptible of partial realization|
Indivisible - when the condition is not susceptible to partial realization
|Conjunctive and Alternative|| Conjunctive - when there are several conditions, all of which must be realized|
Alternative - when there are several conditions, but only one must be realized
|Express and Implied|| Express - when the condition is stated expressly|
Implied - when the condition is tacit