Obligations - Stephenson

obligation defintion

a legal relationship where an obligor is bound to render performance for an obligee

an obligation can be to

give, do, or not do

obligee's rights

1. enforce performance

2. render performance by another at obligor's expense

3. recover damages for failure to perform

obligor's rights

1. obtain proper discharge when complete

2. contest obligee's actions when obligation is extinguished or modified

what governs all obligations

good faith

heritable obligation definition + 1 nuance

an obligation where performance can be enforced by obligee's successor or against obligor's successor, it is presumed unless stated otherwise

strictly personal obligation definition + 1 nuance

an obligation where performance can only be enforced by the obligee or only against the obligor, not transferrable

1. special skills of the obligor

2. exclusive benefit the of obligee

1. strictly personal for the obligor

2. strictly personal for the obligee

real obligation definition

an obligation that is attached to property that transfers from successors

one may liberate himself from a real obligation by

abandoning the property

conditional obligations defintion

obligations that depends on an uncertain event

obligation with a suspensive condition definition

an obligation that may not be enforced until an uncertain event occurs, create the obligation

obligation with a resolutory condition definition

an obligation that may be enforced immediately but comes to an end when an uncertain event occurs, destroys the obligation

conditions in a conditional obligation can be

expressed by stipulation or implied by law, nature of contract, or intent of parties

an obligation is absolutely null when the condition is

unlawful or impossible

an obligation with a potestative condition depends

on the whim or will of the obligor

1. A suspensive condition that depends solely on the whim of the obligor =

2.A resolutory condition that depends solely on the will of the obligor =

1. obligation is null

2. must be fulfilled in good faith

if a condition is not fulfilled due to the fault of a party then

the condition is considered fulfilled

1. What happens if a condition requiring an event to occur within a fixed time does not happen?

2. if there is no fixed time then the event must within

3. Regardless of time, the condition fails once

1. the condition is considered to have failed.

2. a reasonable time.

3. it becomes certain that the event will not occur.

What happens if a condition requires that an event not occur within a fixed time?

1. The condition is considered fulfilled once

2. If no time is fixed, the condition is fulfilled as soon as

1. the fixed time elapses without the event occurring.

2. it is certain that the event will not occur.

1. Fulfillment of a condition has what kind of effect?

2. A fulfillment of a condition does not affect (3)

1. retroactive effects from the start of the obligation.

2. It does not:

a. validity of acts performed

b. ownership of fruits produced

c. rights acquired by third parties

In a contract for continuous or periodic performance, fulfillment of a resolutory condition does not

affect the validity of acts of performance rendered before fulfillment of the condition

an obligation with a term definition

an obligation with a time period for performance

a term for performance may be either

expressed by stipulation or implied by nature of contract

1. a term for performance is certain when

2. a term for performance is uncertain when

1. it is fixed

2. it is not fixed

1. an uncertain term may be determinable by

2. when an uncertain term is not determinable it

1. intent of the parties or an occurrence of a future and certain event

2. must be performed in a reasonable time

a term is presumed to benefit who, unless what?

presumed to benefit the obligor, unless agreed otherwise

if a term exclusively benefits a specific party they may

renounce the term

in an obligation with a term, an obligor may not recover what?

voluntary performance rendered before the term ends

when an obligation requires solvency, the term is regard as

nonexistent if obligor is insolvent

when the obligation is subject to a term and the obligor fails to provide a promised security or it becomes insufficient the obligee may (2)

demand immediate performance or demand a sufficient security

if the term is for a time period and not a specific date, the term begins

the day after the contract was made or an occurrence of a designated event and includes the last day

conjunctive obligation definition

an obligation that binds the obligor to multiple items of performance that may be separately rendered or enforced

in a conjunctive obligation, if the obligor fails to perform one or more items, the obligee may

demand immediate performance for remaining items

alternative obligation definition

an obligation where the obligor is bound to render only one of multiple items of performance

in an alternative obligation, the choice belongs to who, unless what

belongs to the obligor, unless expressly or impliedly granted to the obligee

in an alternative obligation, if the party who has the choice does not exercise after demand then

the other party may choose

in an alternative obligation, the obligor must perform one of the items and may not

partially perform both

in an alternative obligation, when the choice belongs to the obligor and one of the items becomes impossible or unlawful, regardless of fault, he must

render one of the items that remains

in an alternative obligation, when the choice belongs to the obligee and one of the items becomes impossible or unlawful, the obligee may do what when

1. not caused by fault of obligor

2. is caused by fault of obligor

1. he may choose the any item that remains

2. he may choose any remaining item or recover damages

in an alternative obligation, if all items become impossible or unlawful without obligor's fault then

the obligation is extinguished

in an alternative obligation, if all items become impossible or unlawful due to obligor then

he is liable for damages

in an alternative obligation, if all items become impossible or unlawful due to the obligee then

obligor is not bound to perform

several for the obligors means

each obligor owes a separate performance to one obligee

several for the obligees means

one obligor owes separate performances to each obligee

several obligations produce the same effects as

separate obligations

joint for the obligors means

different obligors owe together one performance to one obligee, but none are bound to render the whole

joint for the obligees means

one obligor owes one performance to different obligees, but none are entitle to the whole

when a joint obligation is divisible each each obligor and each obligee are

each obligor is bound to perform only his portion and each obligee is entitle to receive only his portion

when a joint obligation is indivisible it is a

solidary obligation

a solidary obligation is normally stipulated by the words

in solido

solidary for the obligees means

each obligee has right to demand whole performance from a common obligor

when a obligation is solidary for the obligees, one obligor may extinguish the obligation by

rendering whole performance to any of the obligees

when a obligation is solidary for the obligees, remission of debt by on solidary obligee does what

releases the obligor only to that portion

when a obligation is solidary for the obligees, interruption of prescription for one of the obligees does what

benefits all the others

solidary for the obligors means

each obligor is liable for the whole performance

when an obligation is solidary for the obligors, whole performance by one obligor does what

relieves the others from liability

when a obligation is solidary for the obligors, an obligee can

demand the whole performance from any of the obligors

solidarity is never

presumed, it arises from parties intent or from the law

when a obligation is solidary for the obligors, interruption of prescription against one obligor is

effective against all the others

when a obligation is solidary for the obligors, failure to perform by one obligors renders

all the obligors liable

when a obligation is solidary for the obligors, renunciation of solidarity must be

express

when a obligation is solidary for the obligors, if the obligor whose solidarity is renounced partially performs what happens

the performance is deducted from those who are still solidarity liable

when a obligation is solidary for the obligors, remission of debt for one obligor does what

benefits the others in that amount

when a obligation is solidary for the obligors, remission of debt is presumed to benefit all the obligors when

the obligee surrenders the instrument evidencing the obligation

when a obligation is solidary for the obligors, each obligor is liable to one another for

his virile share,

equal virile shares in contract/quasi contracts and proportionate virile shares in delicts or quasi delicts

when an obligation is solidary for the obligors, if the circumstances giving rise to the solidary obligation concern only one of the obligors

that obligor is liable for the whole

when an obligation is solidary for the obligors, if one of the obligors is insolvent then

the others must make up for the insolvency in proportion to their portion even those who have solidarity renounced

a party demanding performance of an obligation must

prove its existence

a party asserting an obligation is null, modified or extinguished must

prove the facts or acts giving rise to the nullity, modification, or extinguishment

when the law requires a contract be in writing it may not be proven by

testimony or presumption

a writing may be proven by testimony or presumption if the written instrument is

lost, stolen, or destroyed

a writing is required by law when (6)

1. sale or transfer an immovable

2. memorize a compromise

3. a 3rd party assumes another's obligations

4. someone promises to pay an exited debt

5. suretyship

6. gratuitous donation of an immovable (authentic act)

an authentic act definition

a writing that is executed before a notary in the presence of witnesses signed by everyone there. The parties do not have to be together and does not need to be in front of same witnesses or notary

an act that fails to be authentic may still be valid as

an act under private signature

an authentic act constitutes

full proof of the agreement, against the parties, successors and heirs

act under private signature duly acknowledged definition

an act under private signature where the party recognizes his signature in front of a notary or court and two witnesses

an act under private signature definition

a writing signed by a party, does not have to written by the parties and can be written on essentially anything

a transfer of immovable property must be made by

an authentic act or act under private signature

an oral transfer of immovable property is valid when

the property has been transferred and transferor recognizes it under oath

a party against whom an act under private signature is asserted must

acknowledge or deny that the signature is his

if a party denies his signature in an act under private signature then

any proof can be used to establish its his signature

a copy of the act constitutes constitutes full proof of the original when it is

certified by the notary before whom the act was passed

confirmation definition

a declaration where a person cures the relative nullity of an obligation

express confirmation must

identify the substance of the obligation and evidence intent to cure the relative nullity

tacit confirmation results from

voluntary performance of the obligation

ratification definition

a declaration where a person consents to an obligation incurred on his behalf by another without authority

express ratification must

evidence intent to be bound

tacit ratification occurs when

the person knows of the obligation incurred on his behalf by another and accepts the benefits

what effect does confirmation and ratification have to the date of the obligation

retroactive to that date

a donation inter vivos that is null for lack of form may be

confirmed by the donor by using the proper form

a contract not reduced to writing that is less than $500 may be proven by

competent evidence

a contract not reduced to writing, in excess of $500 must be proven by

one witness and corroborating circumstances

judicial confession definition

a declaration made by a party in a judicial proceeding

a judicial confession constitutes

full proof against the party who made it

a judicial confession may be revoked on the ground of

error of fact

Parol Evidence Rule: oral testimony about discussions before or during contracting varying or negating contents will

be prohibited

Parol Evidence Rule: Oral testimony about varying, negating, or modifying the contents of the contract after contracting will

be admitted

Parol Evidence Rule: written agreements supplemental to the contract will

be admitted

Parol Evidence Rule: Oral testimony varying or negating contents may be admitted pursuant to the following exceptions: (4)

1. vice of consent

2. simulation

3. interpreting the contract

4. to show a side agreement