Lecture 1 Part 2

62問 • 1年前

問題一覧

House on tress on a land Rents of a building Air conditioner in a car Profits or dividends accruing from shares of stocks

Accessions

fruits of a thing or additions to improvements upon a thing or principal.

Accession

things joined to or included with the principal thing for latter’s embellishment, better use or completion

Accessories

Key of a house • Frame of a picture • Bracelet of a watch • Machinery in Factory • Bow of Violin

Accessories

failure to perform an obligation on time which failure constitutes a breach of the obligation

Legal Delay

failure to perform an obligation on time.

Ordinary Delay

Kinds of Delay

Mora Solvendi, Mora Accipiendi, Compensatio Morae

delay on the part of the debtor to fulfill his/her obligations.

Mora Solvendi

delay of the obligors in reciprocal obligations

Compensatio Morae

delay on the part of the creditor to accept the performance of obligation.

Mora Accipiendi

defined as the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.

Negligence

Kinds of Negligence

Culpa Contractual, Culpa Aquiliana, Culpa Criminal

negligence resulting in the commission of a crime

Culpa Criminal

negligence which by itself is the source of obligation between the parties not so related before by any pre-existing contracts

Culpa Aquiliana

merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligations.

Culpa Contractual

A crime can be committed by negligence. The crime is the source of obligation of S to pay damages.

Culpa Criminal

Assume now, if the horse is belongs to and in possession of B. The negligence of S which results the death of horse is culpa aquiliana. In this case, there is no preexisting contractual relation between S and B. The source of negligence itself is the source of liability.

Culpa Aquiliana

If S entered into a contract of sale with B to deliver a specific horse on a certain day and the horse died through the negligence of S before delivery, S is liable for damages to B for having failed to fulfill a pre-existing obligation because of his negligence.

Culpa Contractual

Factors to be Considered in Determining Negligence

Nature of Obligation, Circumstances of the Person, Circumstances of the Time, Circumstances of the Place

Smoking while carrying materials known to be inflammable constitutes negligence.

Nature of the Obligation

A guard, a man in the prime of life, robust and healthy, sleeping while on duty is guilty of negligence.

Circumstances of the Person

Driving at 100 km/hr. on the super highway is permissible but driving at the same rate of speed in Ayala Avenue Makati is gross recklessness.

Circumstances of the Place

Driving a car without headlights at night is gross negligence but it does not by itself constitute negligence when driving during day.

Circumstances of the Time

the value placed on injury or damage due to an accident caused by another’s negligence, a breach of contract

Loss

signify the money compensation awarded to a party for loss or injury resulting from breach of contract or obligation by the other.

Damage

Kinds of Loss

Physical, Legal, Civil

occurs when a thing disappears in such a way that its existence is unknown, or even known, it cannot be recovered, whether as a matter of fact or of law.

Civil

occurs when a things goes not of commerce or when a thing here to fore legal becomes illegal.

Legal

occurs when a thing perishes as when a house is burned and reduced to ashes.

Physical

any event which cannot be foreseen, or which though foreseen, is inevitable

Force Majeure

It is an event which are totally independent will of every human being.

Act of God

event independent of the will of the obligor but not of other human wills.

Act of Man

Earthquake, flood, rain, eruption

Act of God

War, fire, robbery, murder

Act of Man

Kinds of Fortuitous Event

Ordinary, Extra Ordinary

events which are uncommon and which the contracting parties could not have reasonably foreseen

Extra Ordinary

events which are common and which the contracting parties could reasonably foresee.

Ordinary

Obligation is not transmissible if the obligation is under contract of partnership, contract of agency and contract of commodatum.

Prohibited by Law

That upon the death of the creditor, the obligation shall be extinguished, or that the creditor cannot assign his credit to another.

Prohibited by Stipulation of Parties

one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

Pure Obligation

D obliges himself to pay C ₱1,000. The obligation is immediately demandable because there is no condition and no date is mentioned for its fulfillment

Pure

one whose consequences are subject in one way or another to the fulfillment of a condition

Conditional Obligation

I will sell you the land if it is adjudicated to me in the division of my deceased father’s estate. My obligation is demandable only after the condition is fulfilled – becoming the owner of the land. I am not liable to you.

Suspensive

It shall only be effective upon the fulfillment of the condition

Suspensive Condition

D, in payment of his debt to C, binds himself to give C ₱3,000 monthly allowance until C graduates from college.

Resolutory

is the fulfillment of which will extinguish an obligation already existing.

Resolutory Condition

As to Form

Express, Implied

condition is merely inferred.

Implied

condition is clearly stated.

Express

the condition depends partly upon chance and partly upon the will of third person.

Mixed

the condition depends upon chance or upon the will of third person.

Casual

the condition depends upon the will of one of the contracting parties

Potestative

there are several conditions and only one or some of them must be fulfilled

Disjunctive

there are several conditions and all must be fulfilled.

Conjunctive

the condition consists in the performance of an act.

Positive

the condition consists in the omission of an act.

Negative

“I will pay you 30 days from today.” “I will support you from the time your father dies.”

Obligations with Period

It is one whose effects or consequences are subjected in one way or another to the expiration of arrival of said period or term.

Obligations with Period

when it is fixed by the court.

Judicial

when it is agreed to by the parties.

Conventional or Voluntary

when it is provided for by laws.

Legal

when it is fixed or it is known when it will come

Definite

Lecture 1 Part 1

ユーザ名非公開 · 68問 · 1年前

Lecture 1 Part 1