Oblicon Prelims.docx

GARAYBLAS SAMPLEX PRELIMS Q1: WHAT IS OBLIGATION? A: An obligation is a juridical necessity do give, to do or not to do. However, this definition is not a complete definition of what an obligation. According to Ramos, obligation is defined as a juridical relation between a parties whereby the creditor can demand the performance of a specific conduct to the debtor and in case of breach, he can have satisfaction through the asset of the debtor. The “juridical necessity” is the juridical tie which binds the parties and enable them to enforce the obligation. b.) the valid elements of an obligation is: 1.) active subject or the creditor 2.) passive subject or the debtor 3.) juridical tie 4.) object of the prestation. c.) a person/debtor may be held in default even without demand when: 1.) the law or obligation expressly so provides; 2.) when from the nature & circumstances, it may be inferred that the determination of time for the thing to be given or the services to be rendered is the controlling motive for the establishment of contract; 3.) when demand will be useless, as the debtor has rendered it beyond his power to perform; 4.) when there is acknowledgement of default. Q2: THE SOURCES OF OBLIGATIONS: 1.) Law 2.) Contracts 3.) Quasi-Contract 4.) Delicts 5.) Quasi-delicts THE SOURCES OF DAMAGES: 1.) Fraud 2.) Negligence 3.) Delay/legal delay 4.) Breach of the tenure of the obligation

5.) And in some case fortuitous event b.) No, the additional obligation to preserve and deliver the fruits and accession and accretions applies only to specific objects. These additional obligation cannot apply to generic object because the debtor would not know which object to preserve; and whose fruits, accession and accretion would be delivered. Q3: a.) Is the pledge valid? b.) Is jane bound to deliver the race horse? a.) Yes. The pledge is valid because it is lawful. The condition is not contrary to law, morals, public order or public policy. Since legally and morally pedro cannot marry his first cousin. b.) No. Jane is not bound to deliver the race horse. The condition imposed by jane was not met by Cheryl since she was not able to take the board exams due to her failure in one of her fourth year subject. Since what has been contracted was a subject to a suspensive condition, it will only give rise to the obligation of the conditions has been fulfilled since there is no fulfillment of the condition, jane is not bound to deliver the race horse. Q4: Resolutory condition A: This kind of obligation is an obligation with a resolutory condition. Thus, B can immediately demand from A his allowance because in a resolutory condition the obligation is immediately demandable however upon the happening or fulfillment of the condition the obligation is extinguished. B.) No. A is not correct. In the case at bar A and B are solidary debtor, meaning they have for each other mutual guarantee. Thus, they are both liable for the whole amount of P100,000.00 to either C & D. If A payed the

GARAYBLAS SAMPLEX PRELIMS whole amount of 100,000.00, A is entitled for the reimbursement of B. Q5: A: No, there was no express grant by the debtor to the creditor of the right to choose. In alternative obligations, the right of choice is generally given to the debtor. The debtor must choose before the debt is due or at the time of the performance of the obligation. The same must be communicated to the debtor because a CHOICE produces NO EFFECT until it is COMMUNICATED. d) once the choice is communicated to the creditor & accepted by the creditor, obligation is converted to a simple/pure obligation because there is already a prestation chosen. Once the choice is made, communicated & accepted it cannot be revoked. Q6: What is constructive fulfillment? A: an obligation is deemed fulfilled when the debtor voluntarily prevents its fulfillment. The debtor though his acts prohibits the happening or fulfillment of the condition. The Two requisites must conform for an obligation to be deemed constructively fulfilled; 1.) The intention of the debtor to intervene or prohibit the happening of the event; 2.) An external act of the debtor that actually intervenes or prohibit the happening of the event/condition. No, A’s refusal was untenable as there have already been substantial compliance in good faith since it is the duty of A to provide all the materials including the required permits for the construction. Hence, it was without B’s fault that construction was ordered to be stopped, since it is attributable to A’s fault or negligence. Explanation 2: No. A’s refusal is not tenable. B is entitled to the agreed amount since there was substantial compliance on the part of B. The work was not finished by B because of the stoppage of work

due to each of mayor’s permit cannot be imputed to B since it is A’s obligation to get the permit. Q7: What is penal clause? A: A penal clause is an accessory undertaking to assume greater responsibility in case of breach of obligation. Penalty & damages may be recovered at the same time when: 1..) there is express stipulation 2.) debtor is guilty of fraud; and 3.) debtor refuses to pay penalty. The courts can reduce the penalty when; 1.) There is partial performance; 2.) There is irregular performance; and 3.) Penalty is inequitable ( b) general rule is that A cannot do such exception if the choice is expressly granted to him by the creditor. In the case the obligation would cease to be an obligation with a penal clause but will be an alternative obligation whereby the compliance of either of the prestation extinguishes the obligation. ( c ) Yes, only if the right of A to pay penalty in lieu of the performance was expressly reserved for him. ( d ) the effect upon the nature of A’s obligation will be its conversion to an alternative obligation where A has the right to choose either to perform or to pay penalty or FACULTATIVE OBLIGATION where he has the right to perform the obligation but reserves it for the substitution of penalty. Q: When will be a debtor be responsible for the lost of the thing? A: A debtor may be held responsible for the lost of the thing even if the loss was imtable or an unforeseen event if; 1.) The law so provides

GARAYBLAS SAMPLEX PRELIMS 2.) If the parties have stipulated to that effect 3.) When the nature of the obligation requires assumption of risk 4.) When the debtor promise to give the thing to two or more person with different interest thereon; 5.) When it arises from a crime/negligence 6.) When the debtor lost the thing due to a fortuitous event after he had already incur delay. 7.) In case of a generic object B. No, B’s contention is not tenable. On the case at bar, B is indebted to C to be paid by money. Money is considered a generic object thus even though there is a pace majeure such unforeseen event would not extinguish B’s obligation because it concerns a generic thing.