Obligation and contracts outline (LAW101)
OBLIGATIONS AND CONTRACTS
Book IV, New Civil Code of the Philippines
Title I, Obligations – Article 1156 to 1304
Title II, Contracts – Article 1305 to 1430
Outline of Topics: Obligations (Prelim-Midterm)
Chapter 1- General Provisions
Art. 1156-1162 i – Definition of Obligation ii – Sources of Obligation
Chapter 2 – Nature and Effect of Obligation –
Art. 1163-1178 - Obligations of Debtor - Rights of Creditor - Breaches of Obligation - Liabilities of Debtor - Remedies of Creditor - Transmissibility of Obligation
Chapter 3 – Different Kinds of Obligations
Art. 1179-1230
Section 1, Pure and Conditional Obligation
(Art. 1179-1192)
Section 2, Obligation with a Period (Art. 1193-1198)
Section 3, Alternative Obligation (Art. 1199-1206)
Section 4, Joint and Solidary Obligation (Art. 1207-1222)
Section 5, Divisible and Indivisible Obligation
(Art. 1223-1225)
Section 6, Obligation with a Penal Clause (Art. 1226-1230)
Chapter 4 – Extinguishment of Obligations (Art. 1231-1304)
General Provisions
Section 1 – Payment or Performance
Section 2 – Loss of the Thing Due
Section 3 – Condonation or Remission of Debt
Section 4 – Confusion or Merger of Rights
Section 5 – Compensation
Section 6 – Novation
Definition of Obligation
Article 1156 “An obligation is a juridical necessity to give, to do or not to do.”
Juridical necessity – something that is sanctioned and enforceable by law; one which is legally binding.
THEREFORE, to give, to do, or not to do means
To give something lawful in a lawful way, and in a lawful means
To do something lawful in a lawful way, and in a lawful means
Not to do something prohibited to be done, which prohibition is lawful, in a lawful way, and in a lawful means.
(Not to give) something prohibited to be given, which prohibition is lawful, in a lawful way, and in lawful means.
Parties in an Obligation
1. Obligee (a.k.a. creditor) – the one who has the right to demand from the other the delivery of a thing or the
Book IV, New Civil Code of the Philippines
Title I, Obligations – Article 1156 to 1304
Title II, Contracts – Article 1305 to 1430
Outline of Topics: Obligations (Prelim-Midterm)
Chapter 1- General Provisions
Art. 1156-1162 i – Definition of Obligation ii – Sources of Obligation
Chapter 2 – Nature and Effect of Obligation –
Art. 1163-1178 - Obligations of Debtor - Rights of Creditor - Breaches of Obligation - Liabilities of Debtor - Remedies of Creditor - Transmissibility of Obligation
Chapter 3 – Different Kinds of Obligations
Art. 1179-1230
Section 1, Pure and Conditional Obligation
(Art. 1179-1192)
Section 2, Obligation with a Period (Art. 1193-1198)
Section 3, Alternative Obligation (Art. 1199-1206)
Section 4, Joint and Solidary Obligation (Art. 1207-1222)
Section 5, Divisible and Indivisible Obligation
(Art. 1223-1225)
Section 6, Obligation with a Penal Clause (Art. 1226-1230)
Chapter 4 – Extinguishment of Obligations (Art. 1231-1304)
General Provisions
Section 1 – Payment or Performance
Section 2 – Loss of the Thing Due
Section 3 – Condonation or Remission of Debt
Section 4 – Confusion or Merger of Rights
Section 5 – Compensation
Section 6 – Novation
Definition of Obligation
Article 1156 “An obligation is a juridical necessity to give, to do or not to do.”
Juridical necessity – something that is sanctioned and enforceable by law; one which is legally binding.
THEREFORE, to give, to do, or not to do means
To give something lawful in a lawful way, and in a lawful means
To do something lawful in a lawful way, and in a lawful means
Not to do something prohibited to be done, which prohibition is lawful, in a lawful way, and in a lawful means.
(Not to give) something prohibited to be given, which prohibition is lawful, in a lawful way, and in lawful means.
Parties in an Obligation
1. Obligee (a.k.a. creditor) – the one who has the right to demand from the other the delivery of a thing or the