Reviewer in OBLICON

Definitions: 1.) Accessions fruits of the thing or additions to or improvements upon the principal 2.) Accessories- things included with the principal for the latters embellishment, better use, or completion 3.) PERIOD- consists in a space or length of time upon the arrival of which, the demandability or the extinguishment of an obligation is determined OBLIGATIONS WITH PLURAL PRESTATIONS: 1.) CONJUNCTIVE/ COMPOUND OBLIGATION- an obligation where the debtor has to perform ALL the several prestations 2.) ALTERNATIVE OBLIGATIONS- an obligation where the debtor is required to fulfill ONLY ONE of the several prestations to extinguish the obligation 3.) FACULTATIVE OBLIGATION an obligation where the debtor is bound to perform ONLY ONE prestation, with a reserved right to choose another prestation as SUBSTITUTION for the principal. NOVATION- is the modification of an obligation by changing its object or physical conditions, or by substituting the person of the debtor, or by subrogating the person of the debtor, or by subrogating a third person in the rights of the creditor. COMPENSATION- takes place when two persons, in their own right, become creditors and debtors of each other the amount of one is covered by the amount of the other CONFUSION- takes place when the characters of creditor and debtor are merged in the same person. REMISSION- the gratuitous abandonment by the creditor of his right; acceptance of the obligor is necessary DATION- it is that mode of extinguishing an obligation whereby the debtor alienates in favor of the creditor, property for the satisfaction of monetary debt. CESSION- is a special form of payment whereby the debtor abandons or assigns all of his property for the benefit of his creditors so that the latter may obtain payment of their credits from the proceeds of the property. JOINT- entire obligation is to be paid or performed proportionately by the debtors. SOLIDARY- each one of the debtors are obliged to pay the entire obligation, each one of the creditors has the right to demand from any of the debtors, the fulfillment of the entire obligation. Examples of Sources of Obligations 1.) Law- a.) the duty to pay taxes and to support ones family 2.) Contracts a.) the duty to repay a loan by virtue of an agreement 3.) Quasi- contracts- a.) the duty to refund an over change of money because of the quasi-contract of solution indebiti or undue payment. 4.) Delicts / Crimes or Acts or Omissions punished by Law- a.) the duty to return a stolen carabao

Governing rules: a.) Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code b.) Chapter 2, Preliminary Title, on Human Relations (Civil Code) c.) Title 18 of book IV of the Civil Code 5.) Quasi-delicts or Torts- the duty to repair damage due to negligence 5 (five) vices of consent 1.) Mistake- error, not correct 2.) Violence or physical coercion There is violence when in order to wrest consent, serious, or irresistible force is employed. 3.) Intimidation or moral coercion There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants to give his consent. 4.) Undue influence There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. 5.) Fraud When, through the insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. When there is a failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations.