Obligations-and-Contracts Philippine Reviewer

14857 Words Feb 21st, 2012 60 Pages
OBLIGATIONS AND CONTRACTS TITLE 1 - OBLIGATION ÔÇó Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n) ÔÇó neither party may unilaterally evade his obligation in the contract, unless: a. Contract authorizes it b. Other party assents Parties may freely enter into any stipulations provided they are not contrary to law, morals, good customs, public order or public policy

CHAPTER 1. ÔÇô GENERAL PROVISIONS See Arts. 1156 - 1162 ELEMENTS OF AN OBLIGATION: 1. Active subject (obligee/creditor): one in whose favor the obligation is constituted 2. Passive subject (obligor/debtor): one who has the duty of giving, doing or not doing 3. Object: prestation; the
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There must be damage or injury 4. There must be a direct relation of cause and effect between the act arising from fault or negligence and the damage or injury (proximate cause ); 5. There is no pre-existing contractual relation between the parties. NEGLIGENCE ÔÇó Failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury. (US v. Barrias, 23 Phil. 434 [1912]) CHAPTER 2. ÔÇô NATURE & EFFECTS OF OBLIGATIONS 2. Real Obligations: obligations to give; where the subject matter is a thing which the obligor must deliver to the obligee a. Determinate or specific ÔÇô object is particularly designated or physically segregated from all other things of the same class b. Generic ÔÇôobject is designated by its class or genus c. Limited Generic ÔÇô generic objects confined to a particular class Ex: An obligation to deliver one of my horses (Tolentino, Volume IV, p. 91; De Leon, 2003 ed., p. 7) EFFECT OF OBLIGATIONS DUTIES OF DEBTOR IN AN OBLIGATION TO GIVE A DETERMINATE THING (See Arts. 1163, 1164, 1166.) 1. To preserve or take care of the thing due with the diligence of a good father of a family DILIGENCE OF A GOOD FATHER OF A FAMILY ÔÇô ordinary care or that diligence which an average or reasonably prudent person would exercise over his own property NOTE: Rule on Standard of Care…

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