Escolar Documentos
Profissional Documentos
Cultura Documentos
ELEMENTS OF OBLIGATION
1. Civil obligation
2. Natural obligation
SOURCES OF OBLIGATION
1. Law
2. Contract
3. Quasi-contract. No one shall be unjustly enriched at the expense of
another. Reimburse.
i. Solutio Indebiti = unduly delivered through mistake.
ii. Negotiorum Gestio = voluntary, unauthorized management of an
abandoned property.
4. Quasi-delict. Causes damage to another through fault or negligence.
5. Delicts. Every person criminally liable for felony is also civilly liable.
CIVIL LIABILITY ARISING FROM CRIME:
a. Restitution - thing itself
b. Reparation - +sentimental value
c. Indemnification - +liability to family or third parties
1. Real obligation
i. Determinate = physicallly segreagated. Cannot be replaced once it is
lost.
ii. Indeterminate = refers to class. Cannot be pointed out with
particularity.
2. Personal obligation
i. Positive personal obligation = to do
ii. Negative personal obligation = not to do
KINDS OF FRUITS
KINDS OF DELIVERY
1. Actual
2. Constructive
i. Traditio Symbolica
ii. Traditio brevi manu
iii. Traditio constitutum possessarium
iv. Tradition longa manu
v. Execution of a public instrument
vi. Quasi-traditio
KINDS OF PERFORMANCE
IRREGULARITY OF PERFORMANCE
REMEDIES OF CREDITORS