CLASSIFICATION OF OBLIGATIONS 1. PURE OBLIGATION – one without a term or is it a subject to a condition and is immediately demandable. 2. CONDITIONAL OBLIGATION – one which is subject to a condition. (a). SUSPENSIVE CONDITION - one which suspends the effectivity of the obligation until the condition is fulfilled. The fulfillment of the condition produces the efficacy of the obligation. (b). RESOLUTORY – one which extinguishes the obligation upon the happening of the condition. The obligation is immediately
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|: |LAW 1 | |II. |Course Title |: |OBLIGATION AND CONTRACTS | |III. |Course Credit |: |3 units
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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
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LAW ON OBLIGATIONS AND CONTRACTS* I. Introduction A. Law - from the Latin word “lex” which is derived from the verb “Ligare” meaning “to bind” - a rule of conduct‚ just and obligatory promulgated by legitimate authority for the common observance and benefit (as defined by Sanchez Roman‚ a Spanish Civilist) B. Sources of Law 1. Legislative- Congress 2. Constitution- supreme law of the land 3. Administrative or Executive Orders‚ Regulations and Rulings-
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The philosopher James Rachels has an argument that shows that the distinction between acts and omissions is not as helpful as it looks. Consider these two cases: •Smith will inherit a fortune if his 6 year old cousin dies. •One evening Smith sneaks into the bathroom where the child is having his bath and drowns the boy. •Smith then arranges the evidence so that it looks like an accident. •Jones will inherit a fortune if his 6 year old cousin dies. •One evening Jones sneaks into the bathroom where
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Rachel Ek Ms. Padden Eng. 11 21 May 2014 Trending Transcendentalism I do not exhibit every trait of a transcendentalist‚ but I do enjoy nature and believe that individuality is important. I also tend to be more rational than emotional. One of my teachers was horrified to find I had left a person dying of the bubonic plague on the side of the road. Although this was only a mock situation for a World History assignment‚ I left the man alone because I decided it was best for my assigned family. I rationalized
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SECTION 3. - ALTERNATIVE OBLIGATIONS An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice‚ which‚ as a general rule‚ belongs to the debtor. Right of choice‚ as a rule‚ given to debtor. GENERAL RULE: The right to choose belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor Right of choice of debtor not absolute. LIMITATION ON THE DEBTOR’S CHOICE (1) The debtor
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Throughout the chapter‚ Genetic Choices‚ the issue of moral obligations in regards to genetic information about potential disease and illness. Upon review‚ I find individuals to have a moral obligation to warn others if they have knowledge about their genetic predisposition in regards to disease and/ or illness. The first case I will discuss is when an individual knows their family members are either at great risk or are certain to have a specific disease and/ or illness due to their diagnosis or
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Ethic Obligations Most workers understand that they must balance their home life and their career. But how they go about doing this is what most struggle with even today. A manager needs to think about their most resourceful asset‚ their employees. When you are a manager‚ you have the tough decisions to make in keeping with the company’s goals‚ but striving to make money for your stockholders as well. This paper will discuss the following two questions. What are the ethical implications of requiring
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Chapter 4 EXTINGUISHMENT OF OBLIGATIONS Section 1 – PAYMENT OR PERFORMANCE Payment It is the fulfillment of a promise; the performance of an agreement. This consists of: a. the delivery of money or its equivalent in specific property or services‚ or b. doing a certain act or not doing a certain act. How payment is made a. The thing or service contemplated must be delivered or rendered. 1. The debtor of the thing cannot compel the creditor to accept a different one although the latter
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