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Obligation: Law and Reciprocal Obligation- Fruits

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Topics: Law, Contract, God, Act of God
1. Obligation is a juridical necessity because one of the sources of our obligation is the law. 90% of our obligations comes from law.

2. 4 sources: Law, contract, quasi-contract, delict tas may isa pa e. quasi-delict.

3. Generic thing- object to ng obligation tas kung nawala sya, pwede pang palitan kasi nga generic. Tas kapag specific once na nawala yung object, hindi na pwedeng palitan. Tas liable yung debtor sa damages sa creditor.

4. Obligations of the debtor: to give, to do or not to do.

A. Obligation to give
1. To preserve and take good care of the thing; required by law, stipulation of the parties or deligence of the good father of the family.
2. To deliver the subject matter or prestation
3. To deliver the thing including its fruits
4. To deliver the accessions and accessories
5. To answer for damages in case of non-fulfillment

B. Obligation to do (positive)
1. To perform the act agreed upon
2. To perform the act well

C. Obligation no to do (negative)
1. Not to perform the act agreed upon

5. Reciprocal obligation- fruits and interest shall be deemed mutually compensated

6. Fortuitous event- any event which cannot be foreseen or which though forseen is inevitable. It can be act of man or act of God. Act of man meaning an event independent of the will of the obligor but not of other human will. Act of God meaning force majeure or those which are totally independent of the will of every human being.

Pure obligation- without condition or a term and demandable at once.

Distinction between period and conditon

As to fulfillment
Period pertains to certain event which must happen sooner or larer while condition is an uncertain event.

As to time
Period refers only to the future while condition is the pasy event known to the parties.

Influence on the obligation

Perion fixes the time for the effacaciousness of the obligation while condition is to arise or cease the obligation

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