Beruflich Dokumente
Kultur Dokumente
Exception
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Article 1163
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Diligence Required
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General Rule
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Ordinary diligence
o Known as diligence of a good
father of a family
Article 1164
Right to Rescind
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Rescission
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Effect of Rescission
Meaning of delay
1. Ordinary delay
o Merely the failure to perform an
obligation on time
2. Legal delay/default/mora
o The failure to perform an
obligation on time which failure,
constitute a breach of obligation
**No delay in an obligation not to do,
nonfulfillment may take place but delay is
impossible for the debtor fulfils by not doing
what has been forbidden him
Requisites of delay by the debtor (Mora
solvendi)
1. The obligation pertains to the debtor
2. The obligation has not been performed
on its maturity date
3. Demand made by the creditor upon the
debtor to fulfil, perform or comply with
his legal obligation which demand may
be either judicial or extra-judicial
4. Failure of the debtor to comply with such
demand
o The creditor has the burden of
proving that a previous demand
has been made
5. The obligation is already due or
demandable and liquidated.
o Debt is liquidated when the
amount is
Known
determinable by inspection
of the terms and conditions
of relevant documents
Kinds of Delay
1. Mora solvendi
a. Mora solvendi ex re
Debtors default in real
obligations
b. Mora solvendi ex persona
Debtors default in personal
obligations
- Delay on the part of the debtor to fulfil
his obligation
- By reason of a cause imputable to him
3. Compensatio morae
- The delay of the obligors in reciprocal
obligations
1. There is no actionable default on the
part of both parties, such that as if
neither one is guilty of delay
2. Article 1192
Article 1170
Fraud
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Remedy is annulment of
the contract being voidable
Accion subrogatoria
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Article 1177
Chapter 3
Different Kinds of Obligations
Classifications of Obligations
1. Primary Classification
a. Pure and conditional obligations
b. Obligations with a period
c. Alternative and facultative
obligations
d. Joint and solidary obligations
e. Divisible and indivisible
obligations
f. Obligations with a penal clause
2. Secondary Classification
a. Unilateral and bilateral obligations
b. Real and Personal obligations
c. Determinate and generic
obligations
d. Civil and natural obligations
e. Legal, conventional and penal
obligations
3. Classification according to Sanchez
Roman
Condition
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Term or Period
Conditional obligation
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Characteristic of a condition
1. Future and uncertain
2. Imposed by the will of a party and must
not be a necessary legal requisite of the
act
3. Although uncertain, must be possible
(Art. 1183)
4. Past but unknown
o The Past event is to be
designated as a basis of the
contract (Tolentino)
o What can be a condition is the
future knowledge or proof of a
past event unknown to the
parties, but not the event itself
Two principal kinds of condition
1. Suspensive condition
o the demandability of the
obligation is suspended until the
happening of a future and
uncertain event which constitutes
the condition
o the happening of the condition
gives rise to an obligation
o if the suspensive condition does
not happen, the obligation does
not come into existence
o acquisition of right
2. Resolutory condition
o The fulfillment of the resolutory
condition will extinguish an
obligation or right already existing
o Happening of the condition
extinguishes the obligation
o When rights must exist before a
condition can be performed
o Loss of right already acquired
Article 1181
Article 1186
Requisites to apply this Article
1. The condition is suspensive