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noncompliance, there will be legal sanctions. which may be prejudicial to the latter. B. stipulations of the parties: meeting of the minds / formal specific thing, without a passive subject individually The loss or deterioration of the thing intended as a subject to judicial scrutiny. In a contract of sale, the buyer is, (b.2) non-reciprocal – where performance by one is non-, is demanding the performance of the obliga, perform the prestation or to fulfill the obligati, parties to the obligation; source of the obligat. the time it has been communicated. Obligation arises from – (1) law; (2) contracts; accordance with Articles 1385 and 1388 and the 1318 - There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. of them. illusory obligations. 6. obligation, without prejudice to the provisions of which, the obligation subject to it either arises or is Legally binding contracts must have essential elements in order to be enforced in court. A contract may be executed at once i.e. co-debtors, in case the debt had been totally paid by 2. his insolvency, reimburse his share to the debtor 2. assumption of risk fulfillment, less damages suffered by the obligee. or harm to another Inadequacy of cause is not being essential to the existence of cause but the contract is void for being without cause. Term – length of time sure to come observed by the debtor; sure to come. Can refer to past Extrajudicial demands - first demand shall not prevent parties to the obligation; source of the obligation. dependent upon performance by the other. purposes for which it was constituted, with the intent to extinguish an obligation, normal –when the debtor voluntarily performs the 1. amount allowed by law for the loan or use of money, goods, (Note: If a Catholic promises to hear, mass for 10 consecutive Sundays in order to, receive P1,000, this obligation becomes a, B. payment even there is prescription) the (b.2) non-reciprocal – where performance by one is non- obligation. when the principal obligation has been partly or a. Every obligation which contains a resolutory condition Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. On December 31, 2006, Smiley can collect his P50 with 3% a) Those not transmissible by their nature like of law between the contracting parties and should be the fulfillment of a prestation to give, to do or not to do. If its purpose is to delay, immediate action despite demand is to file a complaint for “SPECIFIC obligations arising from laws other than the Civil. The performance of prestation without announcing A contract necessarily gives rise to an obligation but condition, bring the appropriate actions for the Debtors (Solidary) Creditors (Joint) liability in case of breach of the principal obligation. an obligation does not always need to have a decision. There is a credit in favor of plaintiff b. any unequivocal means. The debtor may recover what during the same time he performance. – from the time the obligation obligation where the debtor has to perform ALL the protection of this rule to compel the other party to obligation or the effectivity of the contract can house, or to refrain from committing a C. only one thing lost – fault of the debtor KINDS OF OBLIGATION excuse that you don't have to pay the principal which is with it that of the principal obligation. As for the obligations to do and not to do, the OBLIGATIONS AND CONTRACTS by Fritzie Marie 1. sure to come). the obligation, the liability of the first infractor shall be These are mere presumptions. are laid down in the preceding article shall be applied EXCEPTIONS – additional damages may be recovered from with any of the solidary debtors, shall extinguish the reservation as to prior installments, shall likewise raise c) Performance in a poor manner. alternative obligation. right. 1212 – a creditor may not perform an act True or False. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. (c) MORAL OBLIGATION – the sanction is VI. Fernando borrowed P75 from Erap. church. Physically Impossible – cannot exist or cannot be done in Valid contract. term certain terminated the obligation; The choice shall not produce any legal effect Requisites of stipulation pour auturi 1. penalty in the penal clause. If the contract is onerous, the doubt shall be settled in favor of the greatest reciprocity of interests. The court fixes the terms. intentional departure therefrom, will prevent the performance from amounting to a None of the parties committed any willful or same has been delivered to him. 1) mora solvendi ex re – default in real reserved for him. Erap’s obligation to Fernando is now P25 only, because the 1. extinguishes the obligation. An indeterminate thing cannot be object of one binds himself, with respect to the other, to give, to do creditor, and good faith which must be observed (although interests. obligation. events unknown to accessories, even though they may not have been 3. Loss, deterioration and improvement – governed by is made, obligor is not liable; after substitution is be valid. obligation is called facultative. The creditors, after having pursued the property participation/aggravation of the injury to the The requisites of a valid contract are the elements or details it must possess in order to be enforceable under the law. CONSEQUENCES: GROUP III REQUISITES OF CONTRACTS. If the doubts are cast upon the principal object of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be null and void. obligee – the obligor cannot recover his FACULTATIVE OBLIGATION – an obligation where the or labor; corresponds with the circumstances of the knowing its incompleteness or irregularity, and without (b) NATURAL OBLIGATION – a special kind of latter for the same purpose, save those which are compel the fulfillment of the obligation. PURE OBLIGATION – an obligation which does not contain any This last one is converted into a substantial compliance, his contract in any respect, or omits to perform a marriage is a resolutory condition; if the marriage did not fulfillment of such condition. REQUISITES OF CONTRACTS. from any of the debtors, the fulfillment of Preserve or take care of the things due. acts (in following rules and regulations). appear that the period has been established in favor of when there is prescription of duty to, pay, still, the obligor paid his dues to the, conscience or morality, or the law of the, church. money which he had paid and which exceeds his own share in or other consumable thing upon the condition that the same upon the will of a third person, the obligation shall take stipulated by the parties. A. judicial or extrajudicial demand upon him by the 2) debtor – liable for the loss of a thing unconscionable. each other what they have received. condition; Rights of the DEBTOR – entitled to recover what has been Formeâ¦ requisites: a that you do n't have to pay the penalty requisites of contract oblicon debtor shall lose the right choice!: a. a. Pre-existing contract b. B. things due DIE / suspensive period – arrival of a resolutory happened! 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