Civil Law (4th thirty)

Codicils

This is a supplement or addition to a will made after the execution of the will.

1) Persons who are under eighteen years of age

2) Not of sound mind

Who are the persons that are prohibited from making a will?

Obligor

A person who owes a legal obligation to another person.

Onerous

It is a classification of contract wherein the cause is the prestation or obligation promised by the other party

Remuneratory

The cause is the service or benefit rendered by one party, with the other party agreeing to compensate.

Gratuitous

The cause is the liberality or generosity of the donor or giver.

Rescissible Contracts

These are contracts that are rescinded, or canceled, due to certain external factors that prejudice the rights of a party or a third person.

Voidable Contracts

These contracts contain vitiated consent, meaning the consent of one of the parties was affected by mistake, violence, intimidation, undue influence, or fraud. Voidable contracts are valid until they are annulled.

Unenforceable Contracts

These are agreements that cannot be enforced by action in court unless they are ratified.

Ratification

When the principal voluntarily adopts, confirms, and gives sanction to some unauthorized act of its agent on its behalf.

Pari delicto doctrine

What doctrine prohibits recovery when both parties are at fault?

Determinate Object

The object of the contract is specifically identified.

Statute of Frauds

It states that there are transactions that must be in writing to become enforceable in courts.

Incidental benefit

An accidental or indirect advantage someone gets from a contract they’re not part of.

1) Consent of contracting parties

2) Object

3) Cause of the Obligation

Essential Requisites of Contracts

Obligation

It is a juridical necessity to give, to do, or not to do.

1) Passive subject

2) Active subject

3) Object or prestation

4) Juridical or legal tie

What are the essential requisites of an obligation?

Quasi-contracts

In this source of obligation, there is no consent, but the law considers the parties as having entered a contract.

1) An act or omission

2) Fault or negligence

3) Damage caused

4) Direct relation or connection of cause and effect between the act or omission and the damage

5) No pre-existing contractual relation between the parties.

What are the requisites of quasi-delict?

Solutio indebiti

It is a juridical relation, which is created when something is received when there is no right to demand it, and it was unduly delivered through mistake.

Pure obligation

It is a kind of obligation that pertains to one that is not subject to any condition, and no specific date is mentioned for the fulfillment of the obligation.

Solidary obligation

It is a kind of obligation that pertains to one where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any of the debtors, entire compliance with the prestation.

1) Payment or performance

2) Loss of the thing due

3) Condonation or remission of the debt

4) Confusion or merger of the rights of the debtor and creditor

5) Compensation

6) Novation

7) Other causes of extinguishment of obligations

What are the causes of extinguishment of obligations?

Novation

It is the total or partial extinction of an obligation through the creation of a new one that substitutes it.