WALANG CONSENT NG TATLO BUT OPERATIONAL BY LAW b. Conventional Subrogation - as expressly stipulated – Art.1301 Article 1301. Conventional subrogation of a third person requires the consent of the orginal parties and of the third person. -3 CONSENTS-DR AND OLD CR AND NEW CR AGREEMENT OF TWO CREDITORS TRANSFER OF RIGHTS OLD CR. TO NEW CR. MIXED SUBROGATION -CONCENT OF ALL -MAGPALIT YONG’OBJECT PATI YONG’PARTY 7. F – F ulfillment of Resolutory Condition –refer to Module on Kinds of Obligations-Conditional Obligations) -EX. 1. SALE-LIMITED TIME 2. HEART MONITOR APPLICABLE LANG SA UNA -FULFILLMENT-NAGAWA MO NA YONG’OBLIGATION, TAPOS EXTINGUISH NA YONG OBLIGATION 8. R - R escission – refer to rescissible contracts – Art. 1191 ( discussed in Law on Contracts) UNMAKING IF THE CONTRACT UNDOING FROM THE BEGINNING Article 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.
The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with articles 1385 and 1388 and the Mortgage Law. 9. A – A nnulment – refer to voidable contracts – discussed in Law on Contracts CANCEL 10. Arts. 1106-1155 P - P rescription MABULOK Layman’s Term – “Nagpaso”/ nawala “sa tagal ng panahon” -LOST BY PASSAGE OF TIME/ -TIME HAS ELAPSED/EXPIRED Art. 1106. One acquires ownership and other legal rights through the lapse of time in the manner and under the conditions laid down by law. NOTE: INCLUDE: Arts. 1178/1192 Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary TRANSMISSABLE ANG RIGHTS Article 1192. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. INFRACTURE 1 ST VIOLATOR -CHINA
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