Obligation and contract

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Obligation and contract by Mind Map: Obligation and contract

1. obligation arise from

1.1. Law

1.2. Contracts

1.3. Quasi Contracts

1.3.1. a. Negotiorum gestio

1.3.2. b. Solution indebiti

1.4. crimes

1.5. quasi-delicts

1.5.1. a. act or omission

1.5.2. a. fault of negligence

1.5.3. c. damaged cause

1.5.4. d. direct relation of act and damage

1.5.5. e. no relationship

1.6. crimes vs quasi-delicts

1.6.1. a. criminal of malicious intent

1.6.2. b. punishment

1.6.3. c. affects public interest

1.6.4. d. criminal and civil liabilities

1.6.5. e. cannot be compromise by the parties itself

1.7. 7. Guilt must be proved beyond reasonable doubt

1.7.1. a. Only negligence

1.7.2. b. Indemnification of offended parties

1.7.3. c. Concern private interest

1.7.4. d. Only civil liabilities

1.7.5. e. Can be compromised as any other civil liability

1.7.6. f. Proved by preponderance of evidence

2. Nature and Effect of Obligations

2.1. Specific v. Generic Thing

2.2. Duties of debtor in delivery of generic thing

2.3. Duties of debtor in delivery of specific thing

2.4. Remedies of Creditors in breach of obligation

2.4.1. To Give Determinate Thing

2.4.1.1. To compel specific performance

2.4.1.2. To recover damages

2.4.2. To Give Indeterminate Thing

2.4.2.1. To ask for performance of the obligation

2.4.2.2. To ask that obligation be complied with by another at expense of debtor

2.4.2.3. To recover damages

2.4.3. To do

2.4.3.1. To have the obligation performed at debtor’s expense

2.4.3.2. To recover damages

2.4.4. Not to do

2.4.4.1. Undone at his expense

2.4.4.2. To recover damages

2.5. Rules on Fruits

2.5.1. Kinds of fruits

2.5.1.1. Natural – product of the soil, young and other products of animals

2.5.1.2. Industrial – produced thru cultivation or labor

2.5.1.3. Civil – derived by juridical relations

2.5.2. Creditor has rights to the fruits from the time the obligation to deliver arises

2.5.3. Real rights acquired only when delivered to him

2.5.3.1. Real rights

2.5.3.1.1. right over a specific thing without and passive subject, directed against the whole word.

2.5.3.2. Personal rights

2.5.3.2.1. right to demand from another debtor the fulfillment of the latter’s obligation.

2.6. Accessions and accessories

2.6.1. • Accessions

2.6.1.1. fruits of a thing or additions to or improvement upon a thing

2.6.2. • Accessories

2.6.2.1. joined to or included with the principal thing for better use or completion.

2.7. Legal Delay

2.7.1. • Kinds of Delay

2.7.1.1. Mora solvendi

2.7.1.1.1. delay on the part of debtor

2.7.1.2. Mora acccipiendi

2.7.1.2.1. delay of creditor

2.7.1.3. Compensatio more

2.7.1.3.1. delay in reciprocal obligation

2.7.2. • Effects of Delay

2.7.2.1. Liable for interest and damages

2.7.2.2. Liable even for fortuitous event when the obligation is to delivery a determinate thing

2.7.3. • Fortuitous Events

2.7.4. • Fraud

2.7.5. • Negligence

2.7.6. • Presumptions

2.7.7. • Remedies to satisfy claim

3. Kinds of obligation

3.1. Real obligation

3.2. Personal obligation

3.3. Positive Personal obligation

3.4. Negative Personal obligation

4. Extinguishment of obligation

4.1. 1. By payment or performance

4.2. 2. By the loss of the thing due

4.3. 3. By the condonation or remission of the debt

4.4. 4. By the confusion or merger of the rights of creditor and debtor

4.5. 5. By compensation

4.6. 6. By novation

5. Different kind of obligation

5.1. • Pure and Conditional Obligations

5.1.1. o Pure Obligation

5.1.2. o Conditional Obligation

5.2. • Obligations with a Period

5.3. • Alternative Obligations

5.3.1. o Alternative

5.3.2. o Facultative

5.4. • Joint and Solitary Obligations

5.5. • Obligations with a Penal Cause

6. Payment

6.1. • General Provisions Payment

6.2. • Applications of Payments

6.3. • Payment by Cession

6.4. • Dacion en pago

7. Joint and Solidary Obligations

7.1. Joint Obligation

7.1.1. one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.

7.1.2. When there is plurality of parties and the share of each in the obligation is specified

7.1.3. If not specified

7.1.4. There are as many debts as there are debtors

7.1.5. There are as many credits as there are creditors

7.1.6. The debts or credits are distinct from one another

7.1.7. Each debtor is liable only for a proportionate part of the debt

7.1.8. Each creditor is entitled only to a proportionate part of the credit

7.2. Solidary Obligation

7.2.1. one where each one of the debtors is bound to render, and/or each one of the creditors has the right to demand from any of the debtors, entire compliance with the prestation.

7.2.2. The obligation expressly states

7.2.3. The law requires solidarity

7.2.4. The nature of the obligation requires solidarity