Backup of Obligations Finals Outline-RHILL(2012)

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General Principles of Obligations/Sources of Obligations Art. 1756. definition Obligations; An obligation is a legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something. Sources of Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the
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  General Principles of Obligations/Sources of Obligations Art. 1756. Obligations;definitionAn obligation is a legal relationship whereby a person, calledthe obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something.Art. 1757. Sources of obligationsObligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of adeclaration of will, in instances such as wrongful acts, themanagement of the affairs of another, unjust enrichment andother acts or facts.Art. 1758. General effects A. An obligation may give the obligee the right to:(1) Enforce the performance that the obligor is bound torender;(2) Enforce performance by causing it to be rendered byanother at the obligor's expense;(3) Recover damages for the obligor's failure to perform, or his defective or delayed performance.B. An obligation may give the obligor the right to:(1) Obtain the proper discharge when he has performed infull;(2) Contest the obligee's actions when the obligation has been extinguished or modified by a legal cause.Art. 1759. Good faithGood faith shall govern the conduct of the obligor and theobligee in whatever pertains to the obligation.Art. 1760. Moral duties thatmay give rise to a naturalobligationA natural obligation arises from circumstances in which thelaw implies a particular moral duty to render a performance.Art. 1786. Several, joint, andsolidary obligationsWhen an obligation binds more than one obligor to oneobligee, or binds one obligor to more than one obligee, or  binds more than one obligor to more than one obligee, theobligation may be several, joint, or solidary.Art. 1787. Several When each of different obligors owes a separate performance  obligations; effects to one obligee, the obligation is several for the obligors.When one obligor owes a separate performance to each of different obligees, the obligation is several for the obligees.A several obligation produces the same effects as a separateobligation owed to each obligee by an obligor or by eachobligor to an obligee.Art. 1788. Joint obligationsfor obligors or obligeesWhen different obligors owe together just one performanceto one obligee, but neither is bound for the whole, theobligation is joint for the obligors.When one obligor owes just one performance intended for the common benefit of different obligees, neither of whom isentitled to the whole performance, the obligation is joint for the obligees.Art. 1789. Divisible andindivisible joint obligationWhen a joint obligation is divisible, each joint obligor is bound to perform, and each joint obligee is entitled toreceive, only his portion.When a joint obligation is indivisible, joint obligors or obligees are subject to the rules governing solidary obligorsor solidary obligees.Art. 1971. Freedom of partiesParties are free to contract for any object that is lawful, possible, and determined or determinable.Art. 1972. Possible or impossible objectA contractual object is possible or impossible according toits own nature and not according to the parties' ability to perform. NOTE---2315?Art. 3182. Debtor's generalliability.Whoever has bound himself personally, is obliged to fulfillhis engagements out of all his property, movable andimmovable, present and future.Art. 3183. Debtor's propertycommon pledge of creditors;exceptions to pro ratadistribution.The property of the debtor is the common pledge of hiscreditors, and the proceeds of its sale must be distributedamong them ratably, unless there exist among the creditorssome lawful causes of preference.General Principles     Every obligation contains a duty, as a necessary element, but not every dutyamounts to an obligation    There is in every obligation an active subject, the creditor or oblige, to whom theright to demand performance belongs, and a passive subject, the debtor or obligor,who is under the duty to perform    Classifications of Obligations o   obligation to give  –  obligor binds himself to transfer to the oblige theownership of a thing o   obligation to do  –  obligor binds himself to carry out or execute an act o   obligation not to do  –  obligor binds himself to abstain from undertaking acertain course of action    insert real rights credit rights, etc    Sources of Obligations    4 Sources of Obligations o   Contracts, quasi-contracts, delcits, and quasi-delicts o   Contracts    Willful and lawful acts whereby persons agree to bind themselves by obligations o   Quasi-contracts    Willful and lawful acts also    Give rise to obligations without the concurrence of wills withoutthe agreement of the persons involved that is necessary for theformation of a contract o   Delicts and Quasi-Delicts    Unlawful acts that cause damage    Harrison v. Gore o   When a student is molested and sexually harassed by a former coach andthe alleged act occurred 8 years before the institution of a suit, the natureof the duty breached determines whether the action is in tort or in contract.If in tort, a one year prescriptive period applies and 10 years if in contract Capacity Art. 1918. Generalstatement of capacityAll persons have capacity to contract, except unemancipatedminors, interdicts, and persons deprived of reason at the time of contracting.Art. 1919. Right to pleadrescissionA contract made by a person without legal capacity is relativelynull and may be rescinded only at the request of that person or hislegal representative.Art. 1920. Right to requireconfirmation or rescissionImmediately after discovering the incapacity, a party, who at thetime of contracting was ignorant of the incapacity of the other   of the contract party, may require from that party, if the incapacity has ceased, or from the legal representative if it has not, that the contract beconfirmed or rescinded.Art. 1921. Rescission of contract for incapacityUpon rescission of a contract on the ground of incapacity, each party or his legal representative shall restore to the other what hehas received thereunder. When restoration is impossible or impracticable, the court may award compensation to the party towhom restoration cannot be made.Art. 1922. Fullyemancipated minor A fully emancipated minor has full contractual capacity.Art. 1923. Incapacity of unemancipated minor;exceptionsA contract by an unemancipated minor may be rescinded ongrounds of incapacity except when made for the purpose of  providing the minor with something necessary for his support or education, or for a purpose related to his business.Art. 1924. Mererepresentation of majority;relianceThe mere representation of majority by an unemancipated minor does not preclude an action for rescission of the contract. Whenthe other party reasonably relies on the minor's representation of majority, the contract may not be rescinded.Art. 1925. Noninterdicted person deprived of reason; protection of innocentcontracting party byonerous titleA noninterdicted person, who was deprived of reason at the timeof contracting, may obtain rescission of an onerous contract uponthe ground of incapacity only upon showing that the other partyknew or should have known that person's incapacity.Art. 1926. Attack onnoninterdicted decedent'scontractsA contract made by a noninterdicted person deprived of reason atthe time of contracting may be attacked after his death, on theground of incapacity, only when the contract is gratuitous, or itevidences lack of understanding, or was made within thirty days of his death, or when application for interdiction was filed before hisdeath.General Principles    Four Fundamental Prerequisites for the existence of a contract o   Capacity
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