Oblicon

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Art. 1156 Obligations

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An obligation is a juridical necessity to give, to do or not to do. (n)

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Art. 1157. Obligations arise from:

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(1) Law;
(2) Contracts;

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts. (1089a)

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Art. 1305 Contracts

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A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (1254a)

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Art. 1306. Autonomy of the will

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The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (1255a)

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Art. 1308. Mutuality

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The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a)

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Art. 1311. Relativity

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Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent.

If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. (1257a)

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Art. 1315. Consensuality

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Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. (1258)

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DIFFERENT KINDS OF CONTRACTS CATEGORIES:

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As to perfection or formation:

As to cause:

As to importance or dependence of one upon another

As to parties obliged:

As to name or designation:

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KINDS OF CONTRACTS As to perfection or formation:

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1.consensual – perfected by agreement of parties

2.real – perfected by delivery ( commodatum, pledge, deposit )

3.formal/solemn – perfected by conformity to essential formalities ( donation

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KINDS OF CONTRACTS As to cause:

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1.Onerous – with valuable consideration

2.Gratuitous – founded on liberality

3.Remunerative – prestation is given for service previously rendered not as obligation

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KINDS OF CONTRACTS As to importance or dependence of one upon another:

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1.principal – contract may stand alone

2.accessory – depends on another contract for its existence; may not exist on its own

3.Preparatory – not an end by itself; a means through which future contracts may be made

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KINDS OF CONTRACTS As to parties obliged:

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1.Unilateral – only one of the parties has an obligation

2.Bilateral – both parties are required to render reciprocal prestations

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KINDS OF CONTRACTS As to name or designation:

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1. Nominate

2. Innominate a)Do ut des – I give that you may give
b)Do ut facias – I give that you may do
c)Facio ut des – I do that you may give
d)Facio ut facias – I do that you may do

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DIFFERENT KINDS OF OBLIGATIONS CATEGORIES:

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a.Demandability

b.Plurality of object

c.Plurality of subject

d.Performance

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KINDS OF OBLIGATIONS As to Demandability:

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(1). Pure – demandable at once, no term, no condition

(2). Conditional - A condition is a future and an uncertain eventor a past event unknown to the parties

(3). With a period – future & certain, past & uncertain, payable when able

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KINDS OF OBLIGATIONS As to Plurality of Object:

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(1). Simple

(2). Facultative – only one prestation has been agreed upon but another may be given in substitution

(3). Alternative – bound by different prestations but only one is due

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KINDS OF OBLIGATIONS As to Plurality of Subject:

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(1). Simple

(2). Joint – presumption when 2 or more creditors or 2 or more debtors concur in one and the same obligation

(3). Solidary – must be expressed in stipulation or provided by law or by nature of obligation

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KINDS OF OBLIGATIONS As to Performance:

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(1). Divisible – obligation that is capable of partial performance

(2). Indivisible – one not capable of partial performance