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Copy of Law on Obligations and Contracts.
Transcript of Copy of Law on Obligations and Contracts.
The Girl wanted to buy the exact same house that the Boy was living in. It was agreed upon that the Boy, upon the delivery of the house, shall not change or alter any portion in the said house. Upon claiming the house, The Girl noticed that the walls were blue instead of white.
When obligation to deliver the fruits arises
ARTICLE 1164 TO 1168
By: Meliza Mendoza
Miggy the Creditor sold a Car to Cheese the Debtor. And upon his obligations, together with the car shall include the following: The key to the car, tools, official receipt, car registration, deed of absolute sale, etc.
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
Spontaneous products of the soil, and the young and other products of animals.
Produced by lands of any kind through cultivation or labor.
PRODUCED WITHOUT THE INTERVENTION OF HUMAN LABOR
PERSONAL RIGHT- right or power of a person to demand from another.
REAL RIGHT- right or interest of a person over a
specific thing w/o a definite passive subject against whom the right may be personally enforced.
When what is to be delivered is a determinate
thing, the creator, in addition to the right granted him by ARTICLE 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to 2 or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery.
RIGHTS OF A CREDITOR (ONE WHO DEMANDS OBLIGATIONS) IN REAL OBLIGATIONS. [TO GIVE]
Miggy sells his laptop to Cheese at the price of 35,000 PHP.
if Miggy refuses to deliver the laptop which is part of his
obligation, Cheese may bring action through
The obligation to give a determinate thing
includes that of delivering all its accessions and
accessories, even though they may not have been mentioned.
ACCESSORIES- Fruits of a thing or additions to or improvements upon a thing (The principal)
Accessories are things joined to or included with the principal thing for the latter's embellishment, better use, or completion.
aircon in a car
key of a house
bracelet of a watch
machinery in a factory
Accessions are not necessary to the principal thing.
If a person obliged to do something fails TO DO it the same shall be executed AT HIS COST.
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that hat has been poorly done be undone.
When the obligation consists
in NOT DOING, and the obligor
does what has been
forbidden him, it shall
also be UNDONE AT HIS EXPENSE.
Recap of Article's 1164-1166
Discussion of Article 1166-1168
Derived by virtue of a juridical relation.
In a PERSONAL RIGHT there is a DEFINITE ACTIVE SUBJECT and a DEFINITE PASSIVE SUBJECT, It is enforceable only against a PARTICULAR PERSON
In a REAL RIGHT there is only a DEFINITE ACTIVE SUBJECT WITHOUT any definite passive subject. It is directed against THE WHOLE WORLD.
Miggy sold his
to Cheese for Php 17,000 and
while still in the possession of Miggy, the dog gave birth to a in which Cheese is the one entitled to the if Cheese has already paid the price of PHP 17,000 to Miggy. Because in a contract of sale:
"ALL THE FRUITS SHALL PERTAIN TO THE
VENDEE FROM THE DAY ON WHICH THE CONTRACT WAS PERFECTED"
Personal Right vs, Real Right
If Miggy was the creditor to a and Cheese was the debtor and both have agreed that the payment for the rent of the house would be monthly, Cheese upon paying is what we call REAL RIGHT. But upon Miggy expecting Cheese to pay every month is what we call PERSONAL RIGHT.
A. To compel SPECIFIC PERFORMANCE with right to be indemnified for damages.
B. To demand RESCISSION of the obligation with right to recover damages.
C. To demand PAYMENT OF DAMAGES when it is the only feasible remedy.
D. If the Obligor delays, or has p[romised to deliver the same thing to 2 or more persons who do not have the same interest, he shall be responsible for any FORTUITOUS event until he has effected delivery.
A. To ASK FOR PERFORMANCE of the
B. To ask that the obligation be complied with AT THE EXPENSE OF THE DEBTOR.
C. To RECOVER DAMAGES in case of breach of obligation.
Miggy and Cheese must return to each
other what they have received.
YOU MAY ONLY CHOOSE 1.
DETERMINATE OR SPECIFIC REAL OBLIGATION
If Miggy refuses to comply with his obligations, Cheese may buy from another seller which is X that stands as the 3rd person. If X sells 10 pcs of laptops for 40,000 PHP, Cheese may pay her 35,000 PHP and recover the 5,000 PHP remaining balance to Miggy and Cheese can also hold Miggy liable for damages.
Miggy is to deliver 10 pcs of Laptops to Cheese worth 35,000 PHP
However, the accessory and the principal thing must go together.
Accessions and accessories are considered to be included in the obligation to deliver a determinate thing.
A Girl ordered a box of pizza in Yellow Cab consisting of the following toppings: Pepperoni, Mushroom, Green bell peppers and onion. Yellow Cab failed to comply with the toppings requested by the Girl upon the delivery of the pizza. The Girl now has the right to buy from Pizza Hut at the expense of Yellow Cab.
If Pizza Hut had delivered the pizza to The Girl but the pizza was already cold at the time of arrival, The Girl may ask Pizza Hut to have it done according to the specifications. If Pizza Hut refuses to do the obligation it may be done by Yellow Cab at the expense of
In this case, THE GIRL CAN HAVE THE WALLS PAINTED BACK TO WHITE AT THE EXPENSE OF THE BOY.