Finals memorize

Question 1

5 Sources of Obligations

Answer 1

1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punishable by law
5. Quasi-delicts

Question 2

4 Sources of Liability

Answer 2

1. Fraud
2. Negligence
3. Delay
4. Contravention of the tenor of the agreement

Question 3

2 kinds of Dolo (with English translations)

Answer 3

1. Dolo Causante = causal fraud

2. Dolo Incidente = incidental fraud

Question 4

3 kinds of Culpa (with English)

Answer 4

1. Culpa Contractual = Contractual Negligence
2. Culpa Criminal = Criminal Negligence
3. Culpa Aquiliana = Quasi-Delict or Tort

Question 5

3 kinds of Mora (with English)

Answer 5

1. Mora Accipiendi = default on the part of the creditor
2. Mora Solvendi = default on the part of the debtor
3. Compensatio Morae = default on the part of both the creditor and the debtor

Question 6

3 instances when demand is not necessary to place the obligor in delay

Answer 6

1. When the obligation or the law expressly so declares; 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 the demand would be useless, as when the obligor has rendered it beyond his power to perform (Art 1169)

Others:
4. When the debtor expressly acknowledged that he is in default

Question 7

4 requisites for a fortuitous event

Answer 7

1. It is unforeseeable or if it is foreseeable, it is inevitable
2. It is independent of the will of the debtor
3. The debtor did not participate in, or aggravate the loss of the creditor
4. The event renders the obligation impossible for the debtor to fulfill normally

Question 8

5 exceptions to the general rule that a person may not be held liable for a fortuitous event

Answer 8

1. When it is expressly provided in law
2. When it is expressly declared in the contract
3. When the nature of the obligation requires the assumption of risk
4. When the object of the obligation is lost, and the loss is due partly to the fault of the debtor
5. When the object of the obligation is lost, and the loss occurs after the debtor has incurred in delay
6. When the debtor promised to deliver the same thing to two or more persons who do not have the same interest
7. When the obligation to deliver arises from criminal offense
8. When the obligation is generic

Question 9

6 different kinds of obligations

Answer 9

1. Pure or conditional obligations
2. Obligations with a period or term
3. Alternative obligations
4. Divisible or indivisible obligations
5. Joint or solidary obligations
6. Obligations with a penal clause

Question 10

3 instances when the court may fix a period

Answer 10

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 bids himself to pay when his means permit him to do so

Question 11

6 modes of extinguishing an obligation

Answer 11

1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of the creditor and debtor
5. Compensation
6. Novation

Question 12

4 special kinds of payment

Answer 12

1. Dation in payment or dacion en pago
2. Application of payment
3. Payment by cession
4. Tender of payment and consignation

Question 13

5 requirements for a valid tender and consignation

Answer 13

1. There was a debt due
2. There be a prior valid tender of payment made by the debtor and unjust refusal by the creditor to accept it
3. That the previous notice of consignation had been given to the persons interested in the performance of the obligation
4. That the thing or amount due was placed at the disposal of the court
5. That after the consignation had been made, the persons interested were notified

Question 14

7 exceptions when loss of the thing due will not extinguish an obligation

Answer 14

1. When it is expressly provided in law
2. When it is expressly declared in the contract
3. When the nature of the obligation requires the assumption of risk
4. When the object of the obligation is lost, and the loss is due partly to the fault of the debtor
5. When the object of the obligation is lost, and the loss occurs after the debtor has incurred in delay
6. When the debtor promised to deliver the same thing to two or more persons who do not have the same interest
7. When the obligation to deliver arises from criminal offense
8. When the obligation is generic

Question 15

5 requirements for legal compensation

Answer 15

1. That each one of the obligors be bound principally and that he be at the same time a principal creditor of the other
2. That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated
3. That the two debts be due
4. That they be liquidated and demandable
5. That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor

Question 16

2 basic kinds of quasi-contracts

Answer 16

1. Negotiorum gestio

2. Solutio indebiti

Question 17

4 basic principles in contract law

Answer 17

1. Autonomy of contracts
2. Mutuality of contracts
3. Obligatory force of contracts
4. Relativity of contracts

Question 18

5 requisites for a stipulation pour autrui

Answer 18

1. there is a stipulation in favor of a third person;
2. the stipulation is a part, not the whole, of the contract;
3. the contracting parties clearly and deliberately conferred a favor to the third person — the favor is not an incidental benefit;
4. the favor is unconditional and uncompensated;
5. the third person communicated his or her acceptance of the favor before its revocation; and
6. the contracting parties do not represent, or are not authorized by, the third party.

Question 19

4 kinds of innominate contracts (with English)

Answer 19

1. Do ut des – I give that you may give
2. Do ut facias – I give that you may do
3. Facio ut des – I do that you may give
4. Facio ut facias – I do that you may do

Question 20

4 kinds of defective contracts

Answer 20

1. Rescissible contracts
2. Voidable contracts
3. Unenforceable contracts
4. Void contracts

Question 21

3 kinds of unenforceable contracts

Answer 21

1. Contracts entered into without or in excess of authority
2. Contracts which do not comply with the statute of frauds
3. Those where both contracting parties are legally incapacitated

Question 22

2 grounds to annul a voidable contract

Answer 22

1. Incapacity to consent

2. Vitiated consent

Question 23

5 kinds of vitiated consent

Answer 23

1. Mistake or error
2. Fraud or deceit
3. Violence
4. Intimidation
5. Undue influence

Question 24

2 basic kinds of estoppel

Answer 24

1. Estoppel in pais

2. Estoppel by deed

Question 25

2 ways to interrupt the period in acquisitive prescription

Answer 25

1. Natural - Possession ceased for more than 1 year | 2. Civil – Judicial summons to the possessor

Question 26

3 ways to interrupt the period in extinctive prescription

Answer 26

1. Judicial demand or filing before the court 2. Written extrajudicial demand by the creditors 3. Written acknowledgement of the debt by the debtor.