Assignment Sheet 1

1156, juridical necessity, give, do, not, Latin, obligatio, tying, binding

Q: What is an obligation?

A:

• ARTICLE ___ provides that…

  • An obligation is a ___ to:

    • ___,

    • to ___ , or

    • __ to do.

• The term obligation is derived from the __ word _which means:

  • __, or

  • __.

passive subject, active subject, Object or Prestation, juridical or legal

Q:What are the essential requisites of an obligation?

A:

• Every obligation has 4 requisites, namely:

1. A __ (debtor/obligor) 

2. An ___ (creditor or obligee 

3. ___ 

4. A __ tie 

MNEMONICS:

P

A

O

J

must deliver, done

Q: How do you distinguish a real obligation from a personal obligation? What are the duties of a debtor in a real obligation?

A:

• A real obligation is that in which the subject matter is a thing which the obligor ___ to the obligee

• A personal obligation is that in which the subject matter is an act to be ___ or not to be done

Negotiorium gestio, Solutio indebiti

Q: What are the principal kinds of quasi-contracts?

Mnm: NS

act or omission, fault or negligence, damage, direct relation, cause and effect, contractual relation

Q: What are the requisites of a quasi-delict?

A:

1. There must be an ___

2. There must be ___

3. There must be __ caused

4. There must be a ___ or connection of ___ between the act or omission and the damage; and

5. There is no pre-existing ___ between the parties

take care of it , good father of a family

Q:What is the standard of care required in obligations and contracts according to Art. 1163?

A:

• ART. 1163 provides that…

  • Every person obliged to give something is also obliged to ___ with the proper diligence of a ___;

  • unless the law or the stipulation of parties requires another standard of care

1459, designated, physically segregated

Q: What is a specific or determinate thing? What is an example of this?

A: ART. __ outlines that…

A thing is said to be specific or determinate when it is particularly ___ or ___ from others of the same class.

Examples:

1. A contracts to sell to B "the red 2021 Toyota Corolla with plate number ABC-123 parked in my garage."

   • This is a determinate thing because the car is specifically described and separated from all other cars — it has a unique plate number and is in a specific location.

2. G tells H, "I will sell you the MacBook Pro I set aside for you, the one with the serial number XYZ123."

   • Among possibly many laptops, this particular unit is physically segregated and uniquely identified, so it’s determinate.

class or genus, particularity

Q: What is a generic or indeterminate thing? What is an example of this?

A:

• A thing is generic or indeterminate when it refers only to a ___ which it pertains and cannot be pointed out with ___.

• Examples:

  1. A promises to deliver to B “a sack of rice.”

     • This is generic because it does not refer to a specific sack. Any sack of rice of the agreed quantity and quality would suffice to fulfill the obligation.

  2. C obliges himself to give D “a black Toyota car.”

     • This is still generic, unless it’s further specified (e.g., by plate number or VIN). Any black Toyota could fulfill the obligation.

lost, deteriorated, improved, delivered, condition, 1189

Q: Based on Articles 1189 and 1194, why is it important to distinguish between a specific from a generic thing?

A:

• ART 1189 (suspensive) talks about situations where the thing is ___, ___, or is___.

  • Because only specific things can be “lost” in the legal sense (i.e., they are irreplaceable).

  • A generic thing, by definition, cannot perish because it can be substituted (e.g., "a kilo of rice" vs. "this kilo of Jasmine rice from supplier X").

• ART 1194 (resolutory) talks about what happens to a specific thing that has already been ___ when the obligation is set to end because of a condition, and that thing is lost, deteriorates, or is improved before the ___ occurs.

  • It says to apply the rules in Article ___ to determine who bears the loss, damage, or benefit.

  • ex: A donates a specific painting to B on the condition that B will return it if A retires from work. If A retires (the condition happens), B must return the painting. But what if the painting gets damaged before A retires? The provision applies.

    • A generic thing, like “a painting” or “a laptop,” is not affected the same way. If lost, it can be replaced.

determinate, indeterminate or generic, obligor, two or more, responsible

Q: What are the remedies of a creditor in a real obligation based on Art. 1165?

A: Art. 1165 states that…

• When what is to be delivered is a ___ thing, the creditor may compel the debtor to make the delivery.

• If the thing is ____, he may ask that the obligation be complied with at the expense of the debtor.

• If the __ delays, or has promised to deliver the same thing to _ (quantity) persons who do not have the same interest, he shall be __ for any fortuitous event until he has effected the delivery

fruits, additions, improvements, joined, included, principal

Q: What are accessions and accessories? What are examples of each?

A:

1. Accessions are:

   1. the ___ of a thing, or

   2. ___ to,

   3. or ___ upon a thing.

      • ex: Ana owns a piece of land planted with mango trees. During harvest season, the mangoes produced are accessions — they are the fruits of the principal thing (the land).

2. Accessories are things __ to or _ with the ___ thing for the latter’s embellishment, better use, or completion.

   • ex: Ella buys a new smartphone, which comes with a charger and earphones. The charger and earphones are accessories — they are not part of the phone, but are included for better use or convenience.

failure, breach

Q: What is the difference between ordinary delay and legal delay or default?

A:

1. Ordinary delay is merely the ___ to perform an obligation on time

2. Legal delay or default or mora is the failure to perform an obligation on time which failure constitutes a ___ of the obligation

mora solvendi, mora accipiendi, compensatio morae, actionable default

Q: What are the kinds of delay or default?

A:

1. ___ or the delay on the part if the debtor to fulfill his obligation

2. ___ or the delay on the part of the creditor to accept the performance of the obligation

3. ___or the delay of the obligors in reciprocal obligations, the delay of the obligor cancels the delay of the obligee, and vice versa.

   • the net result is that there is no ___ on the part of both parties

Mnm: MMC

mamaya na

Q: In order to be in legal delay or default, is a demand necessary? Are there exceptions?

A:

1. As a general rule, delay by the debtor begins only from the moment a demand, judicial or extrajudicial, for the fulfillment of the former’s obligation is made by the creditor. Without such amount, the effect of default will not arise

2. There are exceptions, such as:

   • When the obligation so provides

     • ex: A contract says: “If the buyer doesn’t pay by July 1, he is automatically in default.”
       → The buyer is in delay right after July 1, no need to ask him.

   • When the law so provides

     • ex:

   • When time is of the essence

   • When the demand would be useless

   • When there is performance by a party in reciprocal obligations