What is Article 1158 all about?

What is Article 1158 all about?

1158 refers to the legal obligations or obligations imposed by specific provisions of law, which means that obligations arising form law are not presumed and that to be demandable must be clearly provided for, expressly or impliedly in the law. Examples:  It is the duty of the Spouses to support each other.

What are the rights of creditor according to civil law?

The following are the rights available to a creditor in obligations to give: If it is a determinate thing: 1. To compel specific performance 2. To recover damages in case of breach 3. Acquires personal right to the fruits of the thing from the time the obligation to deliver arises 4.

What is diligence of a good father of a family?

Diligence of a good father of a family means an ordinary care. Just like a father of a family, it is a care that an average person would do in taking care of his property.

What is Article 567 of the Civil Code of the Philippines?

567. When a tenement, acquired by purchase, exchange, or partition, is surrounded by other tenements of the vendor, exchanger, or co-owner, the latter shall be obliged to grant a right of way without indemnity, in the absence of an agreement to the contrary (Practically reproduced in Article 652 of the new Civil Code).

What is the meaning of Article 1165?

ARTICLE 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.

What is the difference between contracts and quasi contracts?

A contract is a real agreement between two or more parties, but a Quasi-contract is not an agreement but resembles an agreement or a contract. Under a contract, both parties give their consents freely, while under quasi-contract, there is no consent of either of the parties, as it is not voluntarily made.

Can collection agency sue you Philippines?

No. 7653, known as the New Central Bank Act, in addition to possible criminal responsibility under the Revised Penal Code, and civil liability under the Civil Code. In sum, the collection agent’s threat to sue per se is not actionable. By itself, you cannot use it to sue the credit card company or its collection agent.

What information are creditors entitled to?

Creditors are entitled to inspect a list of names and addresses of the company’s creditors prior to the meeting.

What is indeterminate thing?

Generic or Indeterminate thing. -refers only to a class or genus and cannot be pointed out with particularity. -identified only by its SPECIE.

What are the three main exception to Article 1163?

The exceptions are: (a) in cases expressly specified by law; (b) when it is stipulated by the parties; and (c) when the nature of the obligation requires assumption of risk.

What is Republic Act 4054?

4054 – AN ACT TO PROMOTE THE WELL-BEING OF TENANTS (APARCEROS) IN AGRICULTURAL LANDS DEVOTED TO THE PRODUCTION OF RICE AND TO REGULATE THE RELATIONS BETWEEN THEM AND THE LANDLORDS OF SAID LANDS, AND FOR OTHER PURPOSES. – This Act shall be known as “The Philippine Rice Share Tenancy Act.” …

What is Republic Act meaning?

11592. October 14, 2021. An Act Establishing the Regulatory Framework for the Safe Operations of the Liquefied Petroleum Gas Industry, Delineating the Powers and Functions of Various Government Agencies, Defining and Penalizing Certain Prohibited Acts. Republic Act No. 11591.

What is the contract of sale article 1458?

ARTICLE 1458 By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent.

When does the Civil Code of the Philippines take effect?

This Act shall be known as the “Civil Code of the Philippines.” (n) Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a)

Are there any penal laws in the Philippines?

Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a) Art. 15.

What are the provisions of the Civil Code?

Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a) Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.