Oblicon Syllabus.docx - What is an obligation It is a juridical necessity to give to do or not to do Kinds of obligations Obligations are civil or

Oblicon Syllabus.docx - What is an obligation It is a...

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What is an obligation? It is a juridical necessity to give, to do or not to do. Kinds of obligations: Obligations are civil or natural . Civil obligations give a right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, Moral Obligation . A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfill. These obligations are of two kinds. First, those founded on a natural right; as, the obligation to be charitable, which can never be enforced by law. Second, those which are supported by a good or valuable antecedent consideration; as, where a man owes a debt barred by the act of limitations, this cannot be recovered by law, though it subsists in morality and conscience. Can an obligation exist without a contract? Yes. Obligations can arise, without contract, from the following: 1. Law; 2. Quasi-contracts; 3. Acts or omissions punished by law; and 4. Quasi-delicts What are pure obligations? Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. What conditional obligations? 1. Obligation with suspensive period 2. Obligation with suspensive condition 3. Obligation with resolutory period 4. Obligation with resolutory condition What is a period? It is a day certain and which must necessarily come, although it may not be known when. What is a condition?
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It is an uncertain event; the uncertainty consists in whether the day will come or not What is a potestative condition? It is a suspensive condition which depends upon the sole will of one of the contracting parties. If it is suspensive and depends upon the will of the debtor alone it results to a void obligation. If the condition is resolutory in nature, the obligation is valid although its fulfillment depends upon the sole will of the debtor. When is demand by the creditor not necessary? 1. When the obligation or the law expressly so declare; or 2. When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or 3. When demand would be useless, as when the obligor has rendered it beyond his power to perform. When may the court fix the period? 1. If the obligation does not fix a period, but from its nature and circumstances it can be inferred that a period was intended by the parties 2. If the duration of the period depends upon the will of the debtor 3. If the debtor binds himself when his means permit him to do so 4. In case of reciprocal obligations, when there is a just cause for fixing the period What is negligence?
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  • Summer '19
  • SABIO
  • moral obligation

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