Sample Q&as – Obligations and Contracts
Sample Q& Since – Obligations and Contracts
Atty. Jennifer D. M. Sanchez
What are the essential requirements of an responsibility?
ANS: A duty has 4 essential requisites. They are:
1) A juridical or legal tie, which binds the parties for the obligation and which may come up either by bilateral or perhaps unilateral functions of people;
2) The subject referred to as creditor or perhaps obligee, who are able to demand the fulfillment with the obligation;
3) A unaggressive subject known as the debtor or perhaps obligor, by whom the duty is juridically demandable; and
4) The fact, prestation or perhaps service which will constitutes the item of the obligation.
In Requirements to give, exactly what the different privileges which are available to the creditor?
ANS: We must distinguish between the rights which are available to the creditor when the obligation is usually determinate and the ones which are available to him when the obligation is definitely indeterminate or generic.
If the obligation is usually determinate in the sense that the target thereof is specially designated or physically seperated from all others of the same school, the rights of the creditor are:
1) To force specific performance. (Art. 1165, par. one particular, NCC)
2) To recover damages in case of infringement of the accountability. (Art. 1170, NCC. )
If the responsibility is indeterminate or common, the rights� of the lender are:
1) To ask for efficiency of the accountability. (Art. 1246, NCC. )
2) To inquire that the responsibility be complied with with the expense in the debtor. (Art 1165, par. 2, NCC. )
3) To recover damage in case of infringement of the requirement (Art. 1170, NCC. )
In commitments to give, what are the different obligations or obligations which are made upon the debtor or obligator?
ANS: Again we have to distinguish between the duties or perhaps obligations that happen to be imposed upon the debtor if the accountability is determinate and those that are imposed if the obligation is definitely indeterminate or generic.
In the event the obligation is determinate, the duties which can be imposed upon the debtor are:
1) To deliver the one thing which he has obliged himself to provide.
2) To deal with the thing while using proper diligence of a good father of any family. (Art. 1163, NCC. )
3) To deliver almost all accessions and accessories. (Art. 1166, NCC. )
4) To shell out damages in the event of breach of the obligation. (Art. 1170, NCC. )
If the obligation can be indeterminate or perhaps generic, the duties which are imposed upon him are:
1) To deliver a thing which must be neither of remarkable nor low quality. (Art. 1246. NCC. )
2) To pay problems in case of breach of the responsibility. (Art. 1170, NCC. )
" A” borrowed P2, 000 coming from " B” on December 1, 1956. He executed a promissory note promising to pay the indebtedness about December 1, 1958. After the entrance of the designated date to get payment is demand necessary in order that " A” shall incur in delay?
ANS: This query must be answered in the yes, definitely. It is evident that the initial exception is usually not applicable. In order that the first different provided for in Art. 1169 of the NCC can be utilized, it is indispensable that the responsibility or the legislation should specifically add that the obligor shall incur in delay in the event that he does not fulfill the obligation upon the arrival with the designated day or that upon the arrival of such date demand will not be important.
What is a fortuitous event? Perhaps there is any big difference between fortuitous event and force majeure?
ANS: A fortuitous celebration is a conference which can not be foreseen, or perhaps which nevertheless foreseen, is definitely inevitable. (Art. 1174, NCC. ) In most cases, the terms fortuitous event” and " force majeure” are used substituted. There is, however , a specialized difference. " Force majeure” is a term that is suitable only those fortuitous occasions which are based upon human involvement, such as battles, strikes, riots, etc ., although " fortuitous event” may be the general term that is...