Art.1156 - 1230 Enumeration (De Leon)

1.Individual 2.Collective

Kinds of obligations according to number of parties (2)

1.Simple 2.Compound a)Conjunctive b)Distributive 1)Alternative 2)Facultative

Kinds of obligations according to object (2)

1.Suspensive (ex die) 2.Resolutory (in diem)

Kinds of period or term (2)

1.Conclusive 2.Disputable (Rebuttable)

Kinds of presumption (2)

1.Acts of man 2.Acts of God

A fortuitous event may either be:(2)

1.Negotiorum gestio (Unauthorized Management) 2.Solutio Indebiti (Undue Payment)

Kinds of quasi-contracts (2)

1.Future AND uncertain 2.Past but unknown

Characteristics of a condition (2)

1.Restitution 2.Reparation for the damage caused 3.Indemnification for consequential damages

Civil liability for damages arising from crimes include: (3)

1.Becomes insolvent, unless he gives a guaranty or security for the debt 2.Does not furnish to the creditor the guaranties or securities WHICH HE HAS PROMISED 3.When by his own acts he has impaired said guaranties or securities after their establishment, and because of fortuitous event, they disappear, unless he immediately gives new ones equally satisfactory 4.When debtor violates any undertaking 5.When debtor ATTEMPTS to abscond

Debtor shall lose every right to make use of the period: (Art.1189) (5)

1.When the obligation so provides 2.When declared by law 3.When time is of the essence 4.When demand would be useless 5.When there is performance by a party in reciprocal obligations

Demand by the creditor shall not be necessary in order that delay may exist in these situations (5)

1.Natural fruits 2.Industrial fruits 3.Civil fruits

Different kinds of fruits (3)

1.Preserve the thing 2.Deliver the fruits of the thing 3.Deliver accessions and accessories 4.Deliver the thing itself 5.Answer for damages in case of non-fulfillment or breach

Duties of a debtor in an obligation to give (5)

1.Creditor is guilty of breach 2.Liable for damages suffered, if any, by debtor 3.Bears risk of loss of thing due 4.Debtor is not liable for interest, in case of obligation to pay money, from the time of creditor's delay 5.Debtor may release himself by consignation

Effects of delay in Mora Accipiendi (5)

1.Debtor is guilty of breach 2.Liable for to creditor for interest or damages 3.Liable even for a fortuitous event when the obligation is to deliver a determinate thing

Effects of delay in Mora Solvendi (3)

1 Passive Subject (Debtor/Obligor) 2 Active Subject (Creditor/Obligee) 3.Object/Prestation 4.Juridical Tie (Efficient Cause)

Essential Requisites of An Obligation (4)

1.Nature of the obligation 2.Circumstances of time 3. "" of the person 4. "" of the place

Factors to be considered in negligence (4)

1.If thing is lost without fault, obligation shall be extinguished 2.If lost with fault, debtor is obliged to pay damages 3.When thing deteriorates without fault, borne by creditor 4.If deterioration through fault of debtor, creditor may choose between RESCISSION or FULFILLMENT, with damages in EITHER case 5.If thing is improved by nature, improvement shall inure to benefit of creditor 6.If improved at expense of debtor, he shall have no other right than that granted to the usufructuary

Famous "Art.1189" The rules that shall be observed in case of the improvement, loss, or deterioration of the thing during the pendency of the condition (6)

1.Law 2.Morals 3.Good Customs 4.Public Policy 5.Public Order

For a contract to be valid, it must not be contrary to: (5)

1.Oral 2.In Writing 3.Partly oral and partly in writing

Forms of obligations (3)

1.Fraud (deceit or dolo) 2.Negligence (fault or culpa) 3.Delay (mora) 4.Contravention of the terms of the obligation

Grounds for liability (4)

1.Impossible 2.Unlawful 3.Which could not have been the prestation

In alternative obligations, the debtor cannot choose those prestations which are:(3)

1.Mora Solvendi 2.Mora Accipiendi 3.Compensatio Morae

Kinds of delay or default (3)

1. Agreed upon by the parties 2.In absence of stipulation, required by law 3.Diligence expected of a good father of a family

Kinds of diligence required (3)

1.Qualitative 2.Quantitative 3.Ideal or intellectual

Kinds of division (3)

1.Ordinary fortuitous events 2.Extra-ordinary fortuitous events

Kinds of fortuitous events (2)

1.Physically 2.Legally

Kinds of impossible condition (2)

1.Legal 2.Conventional 3.Natural

Kinds of indivisibility (3)

1.Phyiscal 2.Legal 3.Civil

Kinds of loss (3)

1.Contractual negligence (culpa contractual) 2.Civil negligence (culpa aquiliana) 3.Criminal negligence (culpa criminal)

Kinds of negligence according to source of obligation (3)

1.Law 2.Contracts 3.Quasi-contracts 4.Acts or omissions punished by law (Crimes/Delicts) 5.Quasi-delicts / Torts

Obligations arise from, according to Art.1157 (5)

1.Pure and conditional 2.With a period 3.Alternative and facultative 4.Join and solidary 5.Divisible and indivisible 6.With a penal clause

Primary classifications of obligations under the Civil Code (6)

1.Suspensive (Condition precedent or antecedent) 2.Resolutory (Condition subsequent)

Principal kinds of condition (2)

1.To insure performance(Reparation) 2.Substitute penalty for the indemnity for damages and payment of interests or to punish the debtor(Punishment)

Purposes of penal clause (2)

1.Exact fulfillment (specific performance) with the RIGHT to damages 2.Pursue the leviable property of the debtor 3.After having pursued the property in possession of the debtor, exercise all rights and bring all the actions of the debtor 4.Ask the court to rescission

Remedies available to creditors for the satisfaction of their claims (When debtor does not comply with his obligation) (4)

1.Action for specific performance (fulfillment) of the obligation with damages 2.Action for rescission of the obligation ALSO with damages

Remedies in reciprocal obligations (2)

A)In case debtor fails to comply with his obligation: 1.To have the obligation performed by himself, or by another, unless personal considerations are involved, at the debtor's expense 2.To recover damages B)In case the obligation is done in contravention of the terms or is poorly done, it may be ordered that it be undone if it is still possible to undo what was done

Remedies of creditor in positive personal obligation (2)

1.Demand specific performance or fulfillment,if still possible, of the obligation WITH a RIGHT to indemnity for damages 2.Demand rescission or cancellation of the obligation WITH a RIGHT to damages 3.Demand payment for damages only

Remedies of creditor in real obligation (3)

1.Act or Omission 2.Fault or Negligence 3.Damage caused 4.Direct relation between the act or omission and the damage caused 5.No pre-existing contractual relation bet. the parties

Requisites for quasi-delict (5)

1.Payment of interest must be expressly stipulated 2.Agreement must be in writing 3.Interest must be lawful

Requisites for recovery of interest (3)

1.Condition is suspensive 2.Obligor prevents fulfillment of condition 3.Obligor acts voluntarily

Requisites for the application of Art.1186 (Condition shall be deemed fulfilled when obligor voluntarily prevents its fulfillment) (3)

1.Failure of debtor to perform his (positive) obligation on the date agreed upon 2.Extra- or judicial demand made by creditor upon the debtor to comply with his obligation 3.Failure of debtor to comply with such demand

Requisites of delay or default by the debtor (3)

1.Real 2.Specific 3.Subject to suspensive 4.Condition is fulfilled 5.There is loss, deterioration, or improvement during the pendency of the condition

Requisites of famous "Art.1189" (5)

1.Independent of human will or at least of debtor's will 2.Could not be foreseen, or if foreseen, inevitable 3.Must be of character that makes it impossible for debtor to comply with his obligation 4.Debtor must not be part of or does not contribute to the injury of the creditor, or there is no concurrent negligence on his part

Requisites of fortuitous event (4)

1.If one is lost thru fortuitous event, debtor shall deliver that which is chosen by the creditor from among the remainder 2.If loss thru debtor's fault, creditor may claim any of the remainder, or the price of the one lost thru debtor's fault, with a RIGHT to damages 3.If all are lost thru debtor's fault, the price of any one of them shall be paid, ALSO with indemnity for damages

Rules that govern the debtor before the creditor's choice has been communicated (3)

1.Unilateral and bilateral 2.Real and personal 3.Determinate and generic 4.Civil and natural 5.Legal, conventional, and penal

Secondary classifications of obligations under the Civil Code (5)

1.Debtor fails to perform an obligation to do 2. "" performs an obligation to do but in contrary to the terms thereof 3. "" "" "" "" "" but in a poor manner

Situations contemplated in Art.1167 (Obligations to do) (3)

1.Incidental fraud (dolo incidente) 2.Causal fraud (dolo causante)

The two kinds of frauds (2)

1.Upon a written contract 2.Upon an obligation created by law 3.Upon a judgment

These following actions must be brought within 10 years from the time the right of action accrues (3)

1.Upon an injury to the rights of the plaintiff 2.Upon a quasi-delict

These following actions must be brought within 4 years from the time the right of action accrues (2)

1.Upon an oral contract 2.Upon a quasi-contract

These following actions must be brought within 6 years from the time the right of action accrues (2)

1.Sincerity 2.Honesty

These two traits must be observed to prevent one party from taking unfair advantage over the other / These two traits must be observed in compliance in good faith (2)

1.Stipulated by parties 2.Obligor refuses to pay the penalty 3.Obligor is guilty of fraud

When creditor may recover damages, in addition to the penalty (3)

1.When it is pure 2.Subject to resolutory condition 2. "" to resolutory period

When obligation is demandable at once (3)

1.Partial or irregular performance 2.Penalty agreed upon is iniquitous or unconscionable

When penalty may be reduced by the courts (2)

1.Jointly AND/OR severally 2.Together AND/OR separately 3.Individually AND/OR collectively 4.Solidaria 5.In Solidum 6.Juntos o separadamente 7."I promise to pay" signed by TWO (2) or more persons

Words to indicate solidary liability (7)

1.Mancomunada 2.Mancomunadamente 3.Pro rate 4.Proportionately 5."WE promise to pay" signed by TWO (2) or more persons

Words used to indicate joint liability (5)