...Armero, Rizzalyn M. BSACTECH I. Definitions 1. Condition is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. 2. Civil loss- when a thing disappears in such a way that its existence is unknown; or even if known, it cannot be recovered, whether as a matter of fact or of law. 3. Reciprocal obligations are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to be the equivalent and the condition for the performance of the other. 4. Pure obligation is one which is not subject to any condition and no specific date is mentioned for its fulfilment and is, therefore, immediately demandable. 5. Potestative condition- a condition suspensive in nature and which depends upon the sole will of one of the contracting parties. II. Discussions 1. Illustrate an obligation subject to: a. Suspensive condition- the fulfilment of which will give rise to an obligation (or right). In other words, the demandability of the obligation is suspended until the happening of the uncertain event which constitutes the condition. b. Resolutory condition- the fulfilment of which will extinguish an obligation (or right) already existing. What is the effect of the fulfilment of the condition in a conditional obligation? * Acquisition of rights * Loss of rights 2. If the...
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...ATENEO DE DAVAO UNIVERSITY School of Business and Governance BUSINESS LAW REVIEW REVIEW ON LAW ON OBLIGATIONS (Articles 1156-1304 of the Civil Code) I. Obligations – General Provisions 1. Meaning of “Law on Obligations and Contracts”? The law on obligations and contracts is the body of rules which deals with the nature and resources of obligations and rights and duties arising from agreements and contracts. 2. Source of the Law on Obligations and Contracts is the Civil Code of the Philippines (Republic Act No. 388) which took effect August 30, 1950. The Civil Code is derived from the Civil Code of Spain of 1889. 3. Meaning of obligation: Code basis Article 1158 – obligation is juridical necessity to give to do or not to do. 4. Criticism as to the definition of the Civil Code by Justice J.B.L. Reyes. It views obligation from the debit side. There is no debt with credit and the credit is an asset in the patrimony of the creditor just as the debt is the liability of the obligor. Better definition: the one given by Arias Ramos, one of the commentators of the Civil Code: An obligation is a juridical relation whereby a person (called creditor) may demand from another (called debtor) the observance of a determinative conduct (the giving, doing or not doing) and in case of breach, may demand satisfaction from assets of the latter. 5. Kinds of obligations based on its definition: Real obligation – obligation to give Personal obligation – obligation to do or not to do Two kinds of personal...
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...CIVIL LAW REVIEWER TABLE of CONTENTS OBLIGATIONS Table of Contents Chapter II. Nature and Effect of Obligations93 I. Kinds of Prestations ............................93 II. Breach of Obligation............................94 III. Fortuitous Event (Force Majeure) .......96 IV. Remedies to Creditors ........................96 V. Usurious Transactions and Rules on Interest .........................................................97 Chapter III. Different Kinds of Obligations ..98 I. Pure and Conditional Obligations .......98 II. Reciprocal Obligations ......................100 III. Obligations with a Period ..................100 IV. Alternative and Facultative Obligations 101 V. Joint and Solidary Obligations ..........103 Effects of Prejudicial and Beneficial Acts (Art.1212) ...................................................105 VI. Divisible and Indivisible Obligations..106 VII. Oblligations with a Penal Clause ..106 Chapter IV. Extinguishment of Obligations .......................................................................107 I. Payment or Performance ..................107 II. Loss or Impossibility..........................109 III. Condonation or Remission of the Debt 109 IV. Confusion or Merger of Rights ..........110 V. Compensation ...................................110 VI. Novation ............................................111 Charts: Payment & Performance ................114 90 OBLIGATIONS Chapter I. General Provisions...
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...OBLIGATIONS AND CONTRACTS Article 1193 • Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes • Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. • A day certain is understood ti be that which must necessarily come, although it may not be known when. • If the uncertainty consists in whether the day will come or not, the obligation is conditional, and ut shall be regulated by the rules of the preceding section Article 1193 Concept a) Period – a space of time which has an influence on obligations as a consequence of juridical act, and either suspends their demandability or produces their extinguishment b) Day certain – one which must necessarily come, although it nay not be known when. Article 1193 Kinds of period a) According to source 1) Legal ---- period fixed by law 2) Voluntary ---- period fixed by parties 3) Judicial ---- period fixed by the court b) Other classifications 1) Ex Die (suspensive) ---- a period which must lapse before the obligation can be demanded. 2) In diem (resolutory) ---- a period after which the obligation is extinguished Article 1193 When obligation is demandable Obligation with suspensive period – Obligations with a suspensive period shall be demandable only when the period comes Example I’ll give you a car on Dec. 10, 2005. The car is demandable on Dec. 10, 2005. b) Obligation with resolutory...
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...READ FIRST: I will teach you (for those who doesn't know this technique yet) how to find names of the professors you are looking for in this note. CTRL + F -- type the name of the professor on the white box on your upper right so that it'll be a whole lot easier and you no longer need to read the entire note :) Hey, guys. As promised, here is the first part of the note about profs to pick and I made them in detail so that you will have a basis on why I recommended them. I will be editing this document every now and then to update you if ever I have more profs to recommend :) I will be including here some more profs maybe tomorrow or the next days. :) GUYS IF YOU HAVE QUESTIONS, COMMENT THEM HERE AND I WILL BE ANSWERING THEM THROUGH EDITING THIS DOCUMENT SO THAT THE ANSWER/COMMENT THAT I'LL BE RESEARCHING ABOUT THAT CERTAIN PROFESSOR WILL BE SHARED TO PEOPLE WITH COMMON QUESTIONS :) THANK YOU!! KASPIL1 - Mr. Xiao Chua / Dr. Dery / Mr. Viktor Torres / Mr. Bascarra KASPIL2 - Mr. Xiao Chua / Dr. Dery / Mr. Viktor Torres - All of them are good in terms of grades & does not give heavy workload. Mr. Chua (for me) is the best choice but all of them are profs to pick because they’ll really make history fun for you. Grades are pretty high & all are sure pass if you’ll attend their class :) As for Mr. Bascarra, super chill and nice professor. He knows how to speak french, Italian, Spanish, and German! Just recite and you’ll get a 4.0 from him. Always attend class so you will...
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...Class Nbr 877 3187 3188 3161 1092 1093 1094 1095 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1100 1101 1102 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 2303 2304 Course Code ABPSYCH ACCTBA1 ACCTBA1 ACTMANA ACCTBA1 ACCTBA1 ACCTBA1 ACCTBA1 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA2 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTBA3 ACCTMAN ACCTMAN Section A51 N01 N02 K31 K31 K32 K33 K34 K31 K32 K33 K34 K35 K36 K37 K38 K39 K40 V24 V25 V26 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 K31 K32 Day TuTh MoWe MoWe MoWe TuTh MoWe MoWe MoWe MoWe MoWe MoWe TuTh TuTh MoWe MoWe TuTh TuTh MoWe MoWe TuTh MoWe MoWe TuTh TuTh TuTh TuTh MoWe MoWe MoWe MoWe MoWe TuTh Meeting Start 09.40 16.20 14.40 18.00 08.00 09.40 13.00 14.40 09.40 11.20 13.00 08.00 09.40 08.00 09.40 16.20 18.00 08.00 09.40 08.00 13.00 14.40 09.40 11.20 14.40 16.20 09.40 11.20 16.20 18.00 16.20 01.00 Meeting End 11.10 17.50 16.10 19.30 09.30 11.10 14.30 16.10 11.10 12.50 14.30 09.30 11.10 09.30 11.10 17.50 19.30 09.30 11.10 09.30 14.30 16.10 11.10 12.50 16.10 17.50 11.10 12.50 17.50 19.30 17.50 02.30 Room SM410 SJ108 SJ107 LS309 AG702 AG804 AG708 AG708 AG708 AG708 LS228 LS308 LS308 AG801 AG801 LS308 LS308 LS226 LS226 LS227 EY609 EY609 EY609 EY609 LS310 LS310 AG709 AG709 LS309 LS309 LS210 EY405 Career UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB UGB...
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...contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. Two or more persons may also form a partnership for the exercise of a profession. (1665a). y NOMINATE There is a name given by the law Contract of Partnership: CONSENSUAL (meaning it is perfected by both parties) y PERSONS Includes not only natural persons but also JURIDICAL persons. A corporation may NOT be a partner but it may engage in JOINT VENTURES. y BIND THEMSELVES Must be capable and competent, meaning, the following may are not included: 1. Minors 2. Emancipated Minors 3. Those under civil interdiction ± accessory penalty of being convicted of crimes 4. Insane persons 5. Incompetent persons (see oblicon notes) HOWEVER, if the person is only a SUSPECT, he may still bind himself into a contract since there is no final verdict yet. y TO CONTRIBUTE MONEY, PROPERTY OR INDUSTRY Makes the contract onerous since this is MUTAL and ALL must give either one of the above Examples: 1. A and B create a partnership with a promise of contributing P10,000 each in cash. A gave his share while B gave a check worth P10,000. Is the issuance a contribution of money? No, unless the check is encashed. 2. Considering the same information above but with B contributing P10,000 in equivalent dollars. No, the contribution must be made using the legal tender, in this case, Philippine pesos. Property contributed may be movable, immovable or intangible...
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