Analysis of the Nature and Effects of Obligations: My Learning Reflections- ( Law subject-Obligations and Contracts)

 

2. Nature and Effect of Obligations

In studying Law on obligations and contracts, I have realized the essence of the nature and effect of obligations. I realized that the subject is so useful to understand many ways to protect any kinds of obligations or contracts.

2.1 Prestations/Objects

I learned in this class that there are three kinds of prestations in obligations: 1. to give    à    real object showcasing that there is some physical thing to be owned, the delivery of which totally manifests the obligation. Another prestations is To do which means to act on accomplishing the contracts and meet the agreement.  Lastly, the idea Not to do personal is a prestation that deals on how non-fulfillment is payment of an indemnification of damages can be used to replace damages in case. .1 Prestations/Objects

I have remembered as discussed in this class that there are three kinds of prestations in obligations: First, is to give real thing which shows the need to deliver the physical being of the object, the delivery of which wholly issues the obligation. Secondly, the need To do which means the idea of perfecting the duty of delivery of the prestations. Thirdly, is, not to do personal which signifies the failure to comply in the obligations is fixed in the deed by the payment of an indemnification of damages. Requisites of Prestation / Object 1)licit (if illicit, it is void)2)possible (if impossible, it is void

2.2 Things required to be delivered

Based on what I learned in this topic in Obligations and Contracts, the things that are required to be delivered are the following:

.      To delivery a thing which must neither be of superior

                  nor  inferior quality (1246)

b.      To pay damages in case of breach (1170)

he subject matter is physically handed over to

creditor by debtor .

Ex. Huntress bought a pair of boots from China White.

The boots will be owned by Huntress only when China

White gives it to her. 

In relevance, I also remember that there are two (2) kinds of obligations according to object or prestation which discusses the ideas below.

(A) SIMPLE obligation – There is only one (1) prestation. Example: D promised to deliver to C a 2014 model Starrex car only 1 prestation

(B) COMPOUND obligation – There are two (2) or more prestations. Compound obligations are of two.

 

2.2 Things required to be delivered

In this idea the following are essentials: Deliver the fruits of the thing, Deliver the accessions and accessories and Deliver the thing itself and answer for damages in case of failed fulfillment or breach I learned this from Art. 1164 stating that the creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. Though, he shall acquire no real right over it until the same has been delivered to him.

Ex. Ana Maria is obliged to give to Maria a piece of land on June 1, 2014.

              However, Ana Maria gave the Certificate of Title to Yao Fei on July 25, 2014.

2.3 Accessory obligations

 I learned that an accessory obligation is always taken endeavor attached to the principal obligation to guarantee better responsibility in case of breach. I also learned that an accessory obligation is a secondary requirement or duty that must be fulfilled in conjunction with the primary obligation or commitment. When the first obligation is accepted, an accessory obligation can be part of the commitment and expires at the end of the primary obligation. This conveys an opposite of principal obligation.

 

2.4 Compliance with obligations

I have realized and remember that compliance with obligations may include Obligation to do or not to:  Perfection of the obligation decentralizes upon the person himself who is bound.

Obligation to give: Intimately linked with the thing that is the subject matter of relation. For example when I said I will give all my money to my sister when she gets an average above