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Articles 1156 to 1304 of the Civil Code of the Philippines.

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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

2 1. 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  Law  Contracts  Quasi- contracts  Acts or omissions punished by law  Quasi-delicts

4  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  Pure  Conditional  With a term  Alternative  Joint  Solidary  Divisible  Indivisible  With a penal clause

6  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  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  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  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  Right of the debtor  Payment of interest  Most onerous debts  Tender of Payment and Consignation

12  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

15  Requisites of contracts :  Consent  Objects  Cause Form of Contracts  Interpretation of Contracts

16  Rescissible  Voidable  Unenforceable  Void

17  Facts:  Issue:  Decision:


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