Obligation and contracts outline (LAW101)

2421 Words Nov 3rd, 2013 10 Pages

Book IV, New Civil Code of the Philippines
Title I, Obligations – Article 1156 to 1304
Title II, Contracts – Article 1305 to 1430
Outline of Topics: Obligations (Prelim-Midterm)
Chapter 1- General Provisions
Art. 1156-1162 i – Definition of Obligation ii – Sources of Obligation
Chapter 2 – Nature and Effect of Obligation –
Art. 1163-1178 - Obligations of Debtor - Rights of Creditor - Breaches of Obligation - Liabilities of Debtor - Remedies of Creditor - Transmissibility of Obligation
Chapter 3 – Different Kinds of Obligations
Art. 1179-1230
Section 1, Pure and Conditional Obligation
(Art. 1179-1192)
Section 2, Obligation with a Period (Art. 1193-1198)
Section 3, Alternative Obligation (Art.
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2. Obligation arise from law, contract, quasi-contract, delict, and quasi-delict. But in general there are only two souces of Obligation: Law and Contract.
Nature and Effect of Obligation
Art. 1163. “Every person obliged to give something is also obliged to take care of it with the diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.”
Diligence of a good father of a family – a care that a loving father, who is always mindful of what is good , would observe to ensure that nothing wrong will happen to his family under a given circumstance.
Rights of Creditor
Article 1164. “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.”
Fruit of the thing – anything that the “thing” (the object of the obligation) may “produce”.
Kinds of “Fruits”:
1.Natural fruits – those that by its nature a thing may produce. e.g. crops, young of an animal, etc
2.Civil fruits – those not produced by nature, and that one is entitled to by legal rights. e.g. rent, interest, salary, wage, dividend, etc.

Rights Over the Object of the Obligation
1.Personal right – right to demand from the obligor to deliver the object of the obligation.
2. Real right – right of an owner of a thing to hold the same against anybody in the world.
Rights of
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