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CAN YOU PLEASE PARAPHRASE THIS!! OWN WORDS. PER BULLET. DON'T USE QUILLBOT. THANKYOUUU. In chapter 4, I have learned that the cause of extinguishment of
CAN YOU PLEASE PARAPHRASE THIS!! OWN WORDS. PER BULLET. DON'T USE QUILLBOT. THANKYOUUU.
- In chapter 4, I have learned that the cause of extinguishment of obligations such as payment or performance, loss of the thing due, condonation or remission of the debt, confusion or merger of rights of creditor and debtor, compensation, novation, annulment, rescission, fulfillment of resolutory condition, prescription and other causes. Payment a debt shall not be paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor's consent. But the payment is in any case valid as to the creditor who has accepted it. In obligations to give, payment shall be made to the person in whose favor the obligation is constituted, or his successor in interest. Payment to a third person can only be valid if it redounded to the benefit of the creditor. Creditor can't demand a thing of superior quality. Debtors can't be compelled partially to receive the prestations in which the obligation consists. Rules of Court shall govern the payment of judicial costs. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in currency which is legal tender in the Philippines. The debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment. The law of sales shall govern payment of a debt in money. The debtor may not be required to make partial payments when the debt is part unliquidated. The rules of sales will govern payment in money, and the payment in cash. And there are special forms of payment that I have learned in chapter 4 such as dation in payment, application of payment, payment by cession and tender of payment and consignation. In Dation in payment is where the ownership of property is transferred to his creditor to pay a debt in money. Application of payment there must be two or more debts, the debtor owes several debts in favor of the same creditor. While in Payment by cession there must be two or more creditors and the debtor is insolvent. Tender of payment and consignation are the act of the debtor of offering to his creditor what is due him, and act of depositing the sum or thing due with judicial authorities whenever the creditor refuses without just cause to accept the same, or in the cases when the creditor cannot accept it. I have learned in Loss of the thing due, that it can be extinguished the obligation without the fault of the debtor or obligor and before he has incurred in delay. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. In Condonation or remission it is essentially free and requires the obligor's acceptance. It can be stated explicitly or implicitly. Furthermore, express condolence must adhere to the donation forms. Confusion or merger, when the personalities of creditor and debtor are blended into one person, the obligation is terminated. The guarantors gain from a merger that takes place in the person of the major debtor or creditor. Except in the case of the share relating to the creditor or debtor, confusion does not erase a joint obligation. Compensation is when two individuals are creditors and debtors in their own right, compensation must be paid. In order for sufficient compensation to be provided, each of the obligors must be bound mainly, and he must also be a primary creditor of the other. The two debts be liquidated and demandable; over neither of them there be any retention or controversy, commenced by third persons. And last I have learned in extinguishment of obligation, Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights.
- In chapter 1 of contracts, I have learned the definition of contracts, elements of contracts, classification of contracts, stage of contracts and basic principles of contract. This are what I learned in contracts from Atty. Sale, a contract is an agreement between two people in which one of them commits to giving something or performing a service for the other. Contracts must bind both parties; their legality or compliance cannot be determined solely by one of them. Contracts take effect only between the parties, their assigns and heirs, except in case where rights and obligations arising from the contract are not transmissible by their nature or by stipulation or by provision of law. In contracts creating real rights, third persons who come into possession of the object are bound thereby. Contract distinguish from obligation it is a contract that a one source of obligations. And on the other hand the obligation is a legal relation itself that exist after a contract has been entered into. Hence, there can be no contract if there is no obligation but an obligation can exist maybe without any contract. A contract is deemed given force by the law when the components of consent, the object and the consideration are present. The three elements of a contract such as essential elements, natural elements and accidental element, those 3 has a requirement to have a contract. In contractsthere are a lots of classification such as according to perfection or formation there are Consensual which are perfected by mere consent, Real that are perfected by the delivery of the object of the contract, and formal or solemn which must be in the form provided by law for their perfection, according to cause there are onerous those where there is an exchange of valuable considerations, gratutitous or lucrative is one party receives no equivalent consideration, and remunatory is where the cause is the services or benefited remunerated, according to importance or dependence of one upon another there are principal one that can stand by itself, accessory whose existence depends upon another contract, and preparatory which serves as a means by which other contracts may be entered into, according to name or designation there are nominate which have a name under the law such as loan, sales or barter and innominate those without name under the law, according to risk or fulfillment there are commutative where the parties give equivalent values and aleatory whose fulfillment depends upon chance, according to the parties obligated there are unilateral those where only one of the parties is obligated to give or do something and bilateral both parties are required to give or do something, according to subject matter there are contracts involving things, contracts involving rights or credits and contracts involving services, according to the time of fulfillment there are executed one which has been performed and executory one that has not yet been performed. In contracts, I have learned the 3 stages of contracts such as Preparation or conception there are preliminary negotiations and bargaining, discussion of terms and conditions, with no arrival yet of a definite agreement, Perfect or birth this is the point when there is a meeting of minds between the parties on a definite subject matter and valid cause, consummation or death or termination this occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof. And the basic principles of contracts are liberty of contract of freedom to stipulate, mutuality of contracts, relativity of contracts, consensuality of contract and obligatory force of contract and compliance in good faith.
- In chapter 2, essential requisites of contracts, I have learned that in section 1 there is no contract unless there's a consent of the contracting parties, object certain which is the subject matter of the contract, and cause of the obligation which is established. A consent is the manifestation of the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. There are rules on offer, the offer must be certain, because there could be no meeting of minds if it is vague or not definite. It must be definite, complete and intentional. An offer becomes ineffective upon the death. I have also learned the rules on acceptance, the acceptance must be absolute. If the acceptance varies the offer, there is no contract since there is no meeting of minds, acceptance made by letter or telegram, and acceptance may be express or implied. Rule on consent, these are person cannot give consent to a contract such as Unemancipated minors it takes place by the attainment of the age of majority which is eighteen years, Insane or demented persons however, contracts entered into during lucid intervals are valid and deaf mutes who do not know how to write. And a contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
- In section 2 of chapter 2, I have learned in object of contracts, A contract can be made for anything that isn't outside of men's commerce, even future goods. Contracts can be made with any rights that are not intransmissible. Except in instances expressly recognized by law, no contract may be entered into on the basis of future inheritance. All services that are not in violation of the law, morals, good traditions, public order, or public policy may be contracted for. Contracts cannot be made for impossible items or services. Every contract's object must be specific in terms of its type. The fact that the quantity is not fixed should not prevent the contract from existing, provided that it is possible to fix it without the need for a new contract between the parties.
- In chapter 2, section 3 I have learned the cause of contracts, In onerous contracts, the cause is believed to be each contractual party's receipt or promise of a thing or service by the other; in remunerative contracts, the remunerated service or benefit; and in pure beneficence contracts, the benefactor's mere liberality. The parties' motivations for entering into a contract differ from the reason for doing so. Contracts made without cause or for an unlawful reason have no impact. If the reason is against the law, morals, good traditions, public order, or public policy, it is illegal. Contracts that express a false cause are void unless it can be proven that they were founded on a valid and legal cause. Unless the debtor establishes otherwise, the cause is presumed to exist and be legal, even if it is not included in the contract. Unless the debtor establishes otherwise, the cause is presumed to exist and be legal, even if it is not included in the contract. Unless there has been fraud, mistake, or undue influence, damage or inadequacy of cause will not invalidate a contract, unless there has been fraud, mistake, or undue influence.
- In chapter 3, form of contracts I have learned that Contracts are binding in whatever form they are entered into, as long as all of the necessary conditions for their legality are met. When the law demands that a contract be in a specific form in order to be legal or enforceable, or that a contract be proved in a specific manner, that requirement is absolute and unavoidable. In such circumstances, the parties' rights are stated. Once the contract has been consummated, if the law demands a document or other specific form, as in the acts and contracts listed in the following article, the contractual parties may compel each other to obey that form. This right can be utilized at the same time as the contract action. This are information must be included in public document such as Acts and contracts with the purpose of creating, transmitting, modifying, or terminating real rights over immovable property; sales of real property or an interest therein are governed. The authority to administer property, or any other authority whose goal is an act that will or should appear in a public document, or that will or should prejudice a third party; The transfer of acts or rights as a result of an act that appears in a public document. Cession, repudiation, or renunciation of hereditary rights or gains from a married relation.
- In chapter 4 reformation of instrument, I have learned in this article, reformation instrument is a remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the proper remedy is not reformation of the instrument but annulment of the contract. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation is proper. The courts may order that the instrument be reformed if through ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the party. The principles of the general law on the Reformation of instruments are hereby adopted insofar as they are not in conflict with the provisions of this Code. and I also learned that in these circumstances, there will be no reformation, Simple donations inter vivos wherein no condition is imposed, Wills and When the real agreement is void.
- In chapter 5, I have learned the interpretation of contracts, If the terms of a contract are explicit and leave no ambiguity about the contractual parties' intentions, the literal interpretation of the contract's requirements will take precedence. If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. If the contract is onerous, the least transmission of rights and interests shall prevail. Words which may have different meanings shall be understood in that which is most in keeping with the nature and object of the contract. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. The principles of interpretation stated in Rule 123 of the Rules of Court shall likewise be observed in the construction of contracts.
- In chapter 6, there is rescissible contract, I have learned that rescissible contract has all the essential requisites of a contract but which may be set aside by reason of equity on account of damage to one of the parties or upon a third person. And rescissible are those that guardians enter into when the wards they represent suffer a loss of more than one-fourth of the worth of the things that are the subject of the contract; Those chosen in the absence of absentees if they incur the injury listed in the preceding number; Those committed in order to defraud creditors when the latter is unable to collect the claims owed to them in any other way; Those that pertain to things that are the subject of a lawsuit if the defendant entered into them without the knowledge or approval of the litigants or a competent judicial authority; All other contracts that have been expressly declared void by law. I have learned in this article, Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also rescissible. Rescission can only be instituted when the party suffering damage has no other legal means to obtain reparation for the same. The action to claim rescission must be commenced within four years for persons under guardianship and for absentees, and the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. The law of evidence may be proved in any other manner recognized by the law of case law to support a claim for rescission. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescissions.
- In chapter 7, I have learned about voidable contracts is one that it is defective by reason of the incapacity or vitiated consent of one to the parties. It is binding unless annulled by a proper action in the court. It is susceptible of ratification. Contracts that are void are void even though there may have been no damage to the contracting parties. Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. These contracts are binding, unless they are annulled by a proper action in court. The action for annulment shall be brought within four years. The contract must be annulable by the time the defect of the consent ceases. It is understood that there is a tacit ratification if, with knowledge of the reason which renders the contract voidable, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right to waive it. Damages will be based on an obligation to provide service and the value of such service. When the thing that is the object of the action is lost due to the fraud or fault of the person who has the right to bring the action, the action for annulment of contracts is over. I have also learned the right of action is founded on one of the contractual parties' incapacity. The loss of the thing shall not be an impediment to the action's success unless it was caused by the plaintiff's deception or fault.
- In chapter 8, I have learned unenforceable contracts a contract that cannot be enforced unless ratified. Contracts that do not comply with the Statute of Frauds are unenforceable. Unauthorized contracts are governed by Article 1317. Contracts infringing the Statutes are ratified by the failure to object to the presentation of oral evidence to prove the same. When a contract is enforceable under the statute, the parties can avail themselves of the right under Article 1357. The parties can also seek to enforce the contract by making a public document. The contract must be signed by both parties, and can only be valid if it is signed by one party to the contract, and signed by the other party, and if both parties agree to it. The terms of the contract must not be changed after it is made, and the parties must agree to the terms, and must be ratified by oral evidence. The agreement must be made in writing, or some note or memorandum, thereof, must be in writing. It cannot be entered into without the writing of the party charged, or by his agent, or a secondary evidence of its contents. Unenforceable contracts cannot be assailed by third persons. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception.
- In chapter 9, I have learned which has no force and effect from the very beginning,as if it had never been entered into, and which cannot be validated either by time or ratification. I learned void contract cannot be ratified. These contracts are inexistent and void from the beginning, Those contracts which are absolutely simulated or fictitious. Neither can the right to set up the defense of illegality be waived. Interest paid in excess of the interest allowed by the usury laws may be recovered by the debtor, with interest thereon. Both parties being in pari delicto, they shall have no action against each other, and both shall be prosecuted. If the act in which the unlawful or forbidden cause does not constitute a criminal offense, the following rules shall be observed: When the fault is on the part of both contracting parties, neither may recover what he has given. The other, who is not at fault, may demand the return of what he's given without any obligation to comply his promise. The law shall be applicable to the things or the price of the price, as well as the effects or instruments of a crime, as the provisions of the Penal Code relative to the disposal of effects of such a crime. Interest paid in excess of the interest allowed by the usury laws may be recovered by the debtor. Money paid or property delivered for an illegal purpose may be repudiated by one of the parties before the purpose has been accomplished. A contract which is the direct result of a previous illegal contract is also void and inexistent. The defense of illegality of contract is not available to third persons whose interests are not directly affected. The law fixes the maximum number of hours that a laborer can be paid for labor under a contract, and he may demand additional compensation for service rendered beyond the maximum limit. If the law sets the minimum wage for laborers, and a contract is agreed upon by which the laborer accepts a lower wage, he shall be entitled to recover the deficiency. The contract can be broken if the illegal terms can be separated from the legal ones, the latter may be enforced. And this is the last topic that I have learned in oblicon from my professor.
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