Obligations and Conracts: Breaches

INSTANCES THAT DO NOT RELIEVE THE DEBTOR FROM BREACHES DUE TO FORTUITOUS EVENTS:

1.expressly declared by law.

2.expressly declared by the stipulation.

3.the nature & stipulation requires the assumption of risks (volenti non fit injuria – no wrong is done to one who consents)

4.debtor is guilty of fraud or malice.

5.debtor is guilty of negligence.

6.debtor is in delay when the event happened.

7.obligations from criminal liability.

8.there is an injury which must be substantial that the injury is the result of the breach of the obligation(CONCURRENT NEGLIGENCE)

REQUISITES TO RELIEVEW DEBTOR FROM LIABILITY DUE TO FORTUITOUS EVENTS:

1.the happening must be independent of the will of the debtor;

2.it must be unforeseeable, or even if foreseen, it is inevitable;

3.debtor had no participation as to aggravate the injury;

4.character of event renders it impossible for obligor to fulfil his obligation in a normal manner (extraordinary means)

*breach of obligation may either be voluntary or involuntary.

It is voluntary if the debtor or obligor, in the performance of his obligation is guilty of

                -mora (delay);

                -dolo (fraud);

                -culpa (negligence);

                -or in any manner which contravenes the tenor thereof.

It is involuntary if obligor is unable to comply because of a fortuitous event (However, it is not an exemption to performance if the obligation can still be complied with after the fortuitous event).

MORA or DELAY – signifies the idea of delay in the fulfilment of an obligation with respect to TIME.

3 KINDS OF MORA:

1. MORA SOLVENDI (mora of the debtor) – delay of the obligor or debtor to perform his obligation.

                Requisites:

                -positive act or prestation of the debtor

                -obligation should be demandable, due and liquidated.

                -that the debtor shall delay by fraud or by negligence

                -creditor should demand  either judicially or extra-judicially.

2.MORA ACCIPIENDI (mora of the creditor) – the delay of the obligee or creditor to accept the delivery of the thing which is the object of the obligation.

                Requisites:

                -the fulfilment requires the act of cooperation on the part of the creditor.

                -that the debtor has done what is incumbent upon him

                -refusal by creditor.

3.COMPENSATIO MORAE – the delay of the parties or obligors in reciprocal obligations.

3 REQUISITES WHICH SHOULD BE PRESENT IN ORDER THAT THE OBLIGOR OR DEBTOE MAY BE CONSIDERED IN DEFAULT:

1.the obligation is demandable and already liquidated;

2.the obligor or debtor delays performance; and

3.the creditor requires the performance judicially or extra-judicially

                                -judicially if creditor files a complaint against debtor for the fulfilment of the obligation.

                                -extra-judicially if creditor demands from the debtor the fulfilment either orally or in writing.

*grace period not an obligation but a right.

DEMAND NOT NECESSARY TO INCUR IN DELAY:

1.when the obligation or law expressly so declares

                -it is indispensable that the obligation itself must expressly declare that “demand is not necessary” in order that debtor shall incur in delay.

2.when from the nature and circumstances of the obligation it appears that the designation of the time when the thing to be delivered or service to be rendered was a controlling motive.

                -designation of time is of such fundamental importance

                -it is logical or is the intention of the parties

                -time element is of the essence.

3.when demand would be useless, as when the obligor has rendered it beyond his power to perform.

KINDS OF OBLIGATIONS:

PURE – one whose effectivity or extinguishment does not depend upon the fulfilment of non-fulfilment of a condition,

or upon the expiration of a term or period,

 and which , as a consequence is characterized by the quality of immediate demandability.

CONDITONAL – one whose effectivity is subordinated to the fulfilment or non fulfilment of afuture and uncertain fact or event.

Condition – a future and uncertain fact or event upon which an obligation is subordinated or made to depend.

*event must not only be future, it must also be uncertain.

                                                                                                                                                                                     

*but the PROOF OR ASCERTAINMENT of the fact or event, as distinguished from the fact itself, may constitute either a condition or a term depending upon the circumstances of each case. Thus, if the proof or ascertainment of the fact or event will surely come to pass, although it may not be known when, it is clear that it constitutes a term or period.

CLASSISIFICATIONS OF CONDITONS:

1. a. SUSPENSIVE (a.k.a. condition precedent) – when the fulfilment of the condition results in the acquisition of rights arising out of the obligation.

                - a future and uncertain event, upin the happening of which rights arising out of the obligation are acquired.

                -birth  or effectivity of the obligation is suspended until the happening of the event which constitutes the condition.

                -it is a mere hope or expectancy (but such hope is protected by law)

   b. RESOLUTORY (condition subsequent)-when the fulfilment of the condition results in the extinguishment of rights arising out of the obligation.

                -a future and uncertain event upon the happening or fulfilment of which, rights which are already acquired by virtue of the obligation, are relinquished or lost.

                -juridical relation established as a result of the obligation is subject to the threat of extinction(upon the happening of the condition).

2. a. POTESTATIVE-when the fulfilment of the condition depends upon the will of a party to the obligation.

   b. CASUAL-when the fulfilment of the condition depends upon chance and/or  upon the will of a third person.

  c. MIXED-partly upon the will of a party to the obligation partly upon chance and/or  upon the will of a third person.

3. a. POSSIBLE-when the condition is capable of realization according to nature, law, public policy, or good customs.

  b. IMPOSSIBLE-‘ yung kabaligtaran ng possible.hehe.

4. a. POSITIVE-when the condition involves the performance of an act.

b. NEGATIVE – omission of an act.

5. a. DIVISIBLE-when the condition is susceptible of partial realization

b. INDIVISIBLE-kabaligtaran nung divisible.

6.a.CONJUNCTIVE-when there are several conditions, all of which must be realized.

b. ALTERNATIVE-when there are several conditions but only one must be realized.

7.a.EXPRESS- condition stated expressly

b.IMPLIED- condition is tacit.