[LAW] OBLIGATIONS - OBLIGATIONS BASIC CONCEPTS DEFINITION...

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OBLIGATIONS BASIC CONCEPTS DEFINITION - The juridical necessity to give, to do or not to do (1156) - Juridical necessity whereby a person should engage or refrain from engaging in a certain activity for the satisfaction of the private interest of another who, in the case of non- fulfilment of such duty, may obtain from the patrimony of the former through proper judicial proceedings the very prestation due or in default thereof, the economic equivalent that it represents. (Diaz Piero) CIVIL CODE CLASSIFICATION OF OBLIGATIONS 1. Civil (1156-1304)- juridical necessity; based on a positive law 2. Natural (1423-1425) Not based on a positive law but on equity and natural law No right of action to enforce performance If in case of voluntary fulfilment there is no more recovery SOURCES OF OBLIGATIONS (1157) A. Law (1158)- must be expressly determined in the Civil Code or in special laws (e.g. parking lots) B. Contracts (1159-1311)- force of law (b/n the parties) and relativity of contracts C. Quasi-Contracts (2142)- lawful, voluntary, unilateral acts- "no one shall be enriched at the expense of another" Solutio Indebiti (2154)- payment by mistake of an obligation which was not due when paid - Creates the obligation to return the payment Negotiorum gestio (2144)- voluntary administration of abandoned property - Creates the obligation to reimburse the gestor for necessary and useful expenses D. Delicts/ Crime/ Acts punishable by law 1 The commission of a crime makes the offender criminally (imprisonment) and civilly liable o Restitution o Reparation of the damage caused o Indemnification of consequential damages E. Quasi-Delicts/ Tort/ Culpa Aquiliana Acts or omissions that cause damage to another there being no contractual relation between the parties NATURE AND EFFECTS DETERMINATE VS. GENERIC THING (1460) A thing is determinate when it is particularly designated or physically segregated from all others of the same class As a rule, the loss of the thing through a fortuitous event extinguishes the obligation (1262) o Exceptions: Law- (a) obligated to 2+ persons, (b) negligence, (c) fraud, (d) delay Agreement Nature "genus nun quam perit"; exception- delimited generic things " res perit domino " (owner bears the loss, if silent) vis a vis "delivery transfers ownership" RIGHTS AND OBLIGATIONS (Debtor vs. Creditor) 1 Obligation of the Debtor to give a determinate thing a Take good care of the thing with diligence i As per agreement of the parties ii Required by Law iii Diligence of a good father of a family/ ordinary diligence (1163) b To deliver the thing i Actual- physical delivery
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ii Constructive 1 Traditio Longa Manu - delivery of a movable thing by mere consent or agreement of the parties if the thing cannot be transferred to the possession of the vendee at the time of sale (pointing at the thing) 1 Traditio Brevi Manu- vendee already in possession of the item of the thing sold even before the sale and thereafter continues in possession thereof in the concept as owner 2 Constitutum Possessorium- delivery takes place when the vendor continues
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