BL1 De Leon - Obligation and ContractsFull description
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BL1 De Leon - Obligation and ContractsFull description
BL1 De Leon - Obligation and Contracts
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(1)Obligation
RPPfor Senior High School level 11st of SMA for English LessonFull description
Conditional SentencesFull description
Section 1 – Pure and Conditional Obligations Article 1179: Obligation demandable at once Every Every obliga obligatio tion n whose whose er!or er!orman mance ce does does not deend deend uon a !utur !uture e or uncert uncertain ain event" event" or does does not dee deend nd uon uon a ast ast even even un#n un#now own n to the the art artie ies" s" is demandable at once$ Pure obligation Every Every oblig obligati ation on which which contai contains ns a resol resoluto utory ry condition" condition" should also be demandable" demandable" without re%udice re%udice to the e&ects o! the haening o! the event$ Obli Obliga gati tion on sub% sub%ec ectt to a reso resolu luto tory ry condition •
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Pure obligation: an obligation obligation without a condition condition or a term" and there!ore demandable demandable at once Conditional obligation: an obli obliga gati tion on with with a cond condit itio ion n imo imose sed d in its its er!ormance Obligation with a term or eriod: an obligation obligation sub%ect to an event which which is certain to haen •
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Obligation is demandable at once when: 1$ ur ure obl oblig iga atio tion '$ obliga obligatio tion n sub%ect sub%ect to a resol resoluto utory ry condit condition ion
Article 1101: 2n conditional obligations: ersective o! the creditor;
Susensive condition also #nown as 4condition recedent5 haening haening o! this condition condition shall give rise to the ac=uisition o! a right by the creditor i! the condition does not haen or is not met" it is as i! the condition condition obligation obligation never e/isted -esolutory -esolutory condition also #nown as 4condition subse=uent5 rights rights ac=uired ac=uired by the creditor creditor are lost once the condition is !ul.lled • •
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Article 110': 2! the !ul.ll !ul.llme ment nt o! the sus susen ensiv sive e condi conditio tion n deends uon the sole will o! the debtor: conditional obligation shall be void 2! it deends deends uon chance chance or uon the will o! a third erson: the obligation obligation shall ta#e e&ect e&ect in con!orm con!ormity ity with the rovisi rovisions ons o! this Code •
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Condition: uncertain uncertain event which which wields wields an in(uence in(uence on a legal relation every !uture or uncertai uncertain n event uon which which an obligation or rovision is made to deend Characteristics o! Condition: 1$ )utur uture e and and unce uncert rtai ain n '$ Past Past but but un#now un#nown n to to the the artie arties s *$ +ust +ust be be oss ossibl ible e o! o! er! er!or orman mance ce ,inds o! Condition: 1$ Sus Susen ensi sive ve cond condit itio ion n '$ -esol esolut utor ory y cond condit itio ion n •
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Susensive condition: it is a condition which susends the e&ectivity o! the obligation until the condition is !ul.lled it is the !ul.llment !ul.llment o! the condition condition that gives rise to the obligation -esolutory -esolutory condition: it is a cond condit itio ion n whic which h e/ti e/ting ngui uishe shes s the the obligation i! !ul.lled or haened it is the the !ul. !ul.ll llme ment nt o! the the cond condit itio ion n that that e/tinguishes the obligation •
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Article 110: 2! the debtor debtor binds himsel! himsel! to ay when his means ermit ermit him to do so: it is not a conditional obligation it is consi consider dered ed as an obliga obligatio tion n with with a term term or eriod" sub%ect to the rovisions o! Article 1197 • •
3hen his means ermit him to do so: 4when 2 can a&ord5 4when 2 am able to5 4when 2 have money5 • •
,inds o! condition under this article: 1$ Potestative or !acultative condition: o !ul.llment o! the condition deends uon the will o! one o! the contracting arties '$ Casual condition: o !ul.llment o! the condition condition deends e/clusively e/clusively uon uon chanc chance e and>o and>orr uon uon the will o! a third third erson *$ +i/ed condition: o !ul.llment o! the condition deends uon the will o! one o! the contracting arties and artly uon chance or the will o! a third erson Potestative on the art o! the debtor: 2! susensive: o ?oth condition and obligation 2! resolutory: o ?oth condition and obligation Potestative on the art o! the creditor: 2! susensive: o ?oth condition and obligation 2! resolutory: o ?oth condition and obligation
are valid
are valid
are valid
Casual:
2! susensive: o ?oth condition and obligation are valid 2! resolutory: o ?oth condition and obligation are valid
+i/ed:
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6ebtor binds himsel! to ay when his means ermit him to do so: ayment er se does not deend on the will o! the debtor only the time o! ayment ayment deends deends on the will o! the debtor
are void
2! susensive: o ?oth condition and obligation are valid 2! resolutory: o ?oth condition and obligation are valid
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Since Since the time o! ayment not ayment er se8 deends deends uon the will o! the debtor" immediate er!ormance cannot be en!orced$ -ight o! the creditor in this case: o to the court court and let the court ./ the date date o! ayment Once ./ed by the court" the obligatio obligation n becomes becomes demandabl demandable e on the date ./ed ./ed by the court$ •
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Period: •
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it is a !uture and certain event" uon the arrival o! which the obligation sub%ect to it either arises or is e/tinguished sace o! time which has an in(uence on obligation as a result o! a %uridical act and either susends thei theirr dema demand ndab able lene ness ss"" or rod roduc uces es thei theirr e/tinguishment
Obligation with a term or eriod: ayable 4as soon as ossible5 4little by little5 4in artial ayment5 4when 2 am in a osition to ay5 4when 2 have money5 •
-ule: 2! susensi susensive ve conditio condition n and !ul.llme !ul.llment nt o! the conditio condition n deends uon the sole will o! the debtor otestative on the art o! the debtor;: ?oth condition and obligation are void +ore e/amles: 1$ 2 will will ay you a!te a!terr 2 recei receive ve a loan loan !rom !rom a ban# ban# '$ 2 will will ay ay you you a!t a!ter er 2 hav have e harve harveste sted d .sh .sh *$ 2 will will sell sell you my hou house se i! i! 2 deem deem ro roe err @ote:
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2llustrative case: 2 will give you 1" esos i! 2 can sell my land this year +i/ed condition
?oth condition and obligation are valid
Article 110*: 2mossible conditions" those contrary to good customs or ublic olicy" and those rohibited by law shall annul the obligation which deends uon them$
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Article 110 and Article 110B:
2llustrative case: 2 will give you P1" i! by 6ecember '" '11" you have not yet married D$ negative condition; 2! on 6ecember ' you are not yet married" my obligation to deliver is e&ective$ 2! D had died" the obligation becomes e&ective because it is clear that the event cannot occur anymore$ uestion: Suose be!ore that date" you entered the convent to become a riest$ 2s the obligation e&ective on the date you entered the riesthoodF Answer: @ot certain" because you may choose to get out o! the convent and contract a valid marriage with D$ •
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Article 110G: Constructive or resumed !ul.llment: Obligor or debtor voluntarily revents the !ul.llment o! the condition" in which case the condition is considered !ul.lled$ Obligation is e&ective •
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-e=uisites o! constructive or resumed !ul.llment: )ul.llment o! the condition is revented by the debtor Prevention is voluntary on the art o! the debtor •
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Hogic o! the law: one must not ro.t !rom his own !ault •
2llustrative case: 6 obliges himsel! to sell his arcel o! land to C i! C could ass the '11 CPA e/amination$ ?y means o! threat
or intimidation" 6 revented C !rom ta#ing the e/amination$ Even i! C did not ass the e/amination" 6 is obliged to sell his land because he voluntarily revented the !ul.llment o! the condition$ •
Article 1107: Once the condition has been !ul.lled: E&ects o! conditional obligation to give shall retroact to the day o! the constitution o! the obligation 2! the obligation imoses recirocal restations uon the arties: the !ruits and interests during the endency o! the condition shall be deemed to have been mutually comensated 2! the obligation is unilateral: debtor shall aroriate the !ruits and interests received unless !rom the nature and circumstances o! the obligation it should be in!erred that the intention o! the erson constituting the same was di&erent 2n conditional obligations to do and not to do: courts shall determine the retroactive e&ect o! the condition that has been comlied with in each case •
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?e!ore the !ul.llment o! the condition: the said creditor may bring the aroriate actions !or the reservation o! his right 2n the case o! a susensive condition: debtor may recover what has been aid by mista#e during the same time rincile o! solutio indebiti @otes: A!ter the creation o! the condition obligation but be!ore the !ul.llment o! the susensive condition: creditor cannot demand the comliance o! the debtor5s obligation because the creditor5s right during the eriod is only an e/ectancy •
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Creditor5s right becomes e&ective and en!orceable only when: susensive condition haens or is !ul.lled •
2! the susensive condition is !ul.lled: the e&ects shall retroact !rom the date the obligation is constituted -easonF Condition is only accidental and not an essential element o! the obligation •
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-ule: )rom the moment the essential elements concur" there is already an obligation$ 3hat is being awaited is the !ul.llment o! the susensive condition to ma#e the obligation e&ective and en!orceable
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