Presentation is loading. Please wait.

Presentation is loading. Please wait.

Articles 1156 to 1304 of the Civil Code of the Philippines

Similar presentations


Presentation on theme: "Articles 1156 to 1304 of the Civil Code of the Philippines"— Presentation transcript:

1 Articles 1156 to 1304 of the Civil Code of the Philippines
I Obligations Articles 1156 to 1304 of the Civil Code of the Philippines

2 Concept /definition: - a juridical relation whereby a person called the creditor may demand form another (called the debtor) the observance of a determinate conduct and in case of breach, may obtain satisfaction from the assets of the latter

3 2. Sources Law Contracts Quasi- contracts
Acts or omissions punished by law Quasi-delicts

4 3. Nature and effects of obligations
Diligence of a good father of a family – standard of care Right to fruits Concept and nature of delay Need for demand Liability for damages- fraud, negligence, delay , breach of the obligations

5 4. Different Kinds of Obligations:
Pure Conditional With a term Alternative Joint Solidary Divisible Indivisible With a penal clause

6 5. Extinguishment of obligations
Payment or performance Loss of the Thing due Condonation or remission of debt Confusion or merger of the rights of creditor and debtor Compensation Novation Annulment, recission, fufillment of resolutory condition and prescription

7 Payment or performance
Requisites: (1) person who pays, (2) the person to whom payment is made (3) thing to be paid (4) manner, time and place of payment

8 Substantial performance- good faith in the performance, without any willful or intentional departure therefrom. Estoppel of creditor Right of third person Payment to incapacitated

9 Dation in payment Novation by change of object
Delivery of transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation Governed by the law on sales

10 Legal tender Such currency which in a given jurisdiction can be used for the payment of debts, public and private which cannot be refused by creditor: Payment by check –not a legal tender A check, whether a manager ‘s check or ordinary check, is not a legal tender, and an offer of check in payment of a debt is not a valid legal tender of payment and may be refused receipt by the obligee or creditor ( Citibank N.A. Vs. Sabeniano ,504 SCRA 378 , October 16, 2008)

11 Application of Payments
Right of the debtor Payment of interest Most onerous debts Tender of Payment and Consignation Application of Payments

12 Loss of the thing due Effect of fortuitous event Loss of determinate
Loss of Generic thing Effect of Partial Loss

13 Condonation or remission of debt
Confusion or merger of the rights of creditor and debtor Compensation Novation

14 Articles 1305 to 1422 of the Civil Code of the Philippines
II Contracts Articles 1305 to 1422 of the Civil Code of the Philippines

15 Definition /concepts Requisites of contracts: Form of Contracts
Consent Objects Cause Form of Contracts Interpretation of Contracts

16 Defective Contracts: Rescissible Voidable Unenforceable Void

17 Case Digest Facts: Issue: Decision:


Download ppt "Articles 1156 to 1304 of the Civil Code of the Philippines"

Similar presentations


Ads by Google