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Vices of Consent

There are several types of obligations including pure, conditional, obligations with a term, suspensive, resolutory, potestative, causal, mixed, conjunctive, and alternative. Obligations can be void, voidable, or unenforceable depending on juridical capacity, legal capacity, or vices of consent. Potestative obligations based solely on the will of one party are void. Obligations can involve constructive fulfillment, impossibility, reciprocal or unilateral performance, and prescriptive periods. Prestations can be conjunctive, alternative, or facultative. Solidary obligations make each debtor liable for the whole obligation. Joint obligations treat debts independently. Obligations can involve conditions, periods, special forms

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Stephanie Cui Silva
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54 views5 pages

Vices of Consent

There are several types of obligations including pure, conditional, obligations with a term, suspensive, resolutory, potestative, causal, mixed, conjunctive, and alternative. Obligations can be void, voidable, or unenforceable depending on juridical capacity, legal capacity, or vices of consent. Potestative obligations based solely on the will of one party are void. Obligations can involve constructive fulfillment, impossibility, reciprocal or unilateral performance, and prescriptive periods. Prestations can be conjunctive, alternative, or facultative. Solidary obligations make each debtor liable for the whole obligation. Joint obligations treat debts independently. Obligations can involve conditions, periods, special forms

Uploaded by

Stephanie Cui Silva
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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an active subject; a passive subject; the prestation; and the legal tie.

Kinds of Obligations
Pure –
Conditional-
Obligations with a term

Suspensive – give rise


Resolutory – extinguish

Potestative – will
Causal –
Mixed

Conjunctive
Alternative

Juridical capacity- void


Legal capacity – voidable
Both don’t have capacity - unenforceable
Vices of consent – voidable

Potestative based on will of one party – obligation is void if


1. suspensive
2. dependent on the debtor

Constructive fulfillment
1. Obligor prevents fulfillment

Impossible – void if positive


Always fulfilled

Effect of fulfillment – retroact


1. Except fruits
Reciprocal – mutually compensated
Unilateral- debtor
2. Prescriptive period

Debtor losses right to make use of period


1. Debtor is insolvent unless there is security or guarantee
2. security or guarantee unfurnished
3. impaired guarantee and securities or disappear through fortuitous event
4. violates undertaking
5. attempts to abscond
PRESTATION – performance/obligation
Conjunctive – all
Alternative –
Facultative – creditor chooses a substitute

ALTERNATIVE
1. Choice belong to debtor

Debtor
All things lost – Fortuitous – No damages
Fault - value of last thing/damages
Some are lost – Fortuitous or fault – last remaining
Fault of creditor – debtor can rescind+ ask damages
- Perform plus damages

Creditor
All things lost - Fault of debtor – value of any plus damages
Some - Fault of debtor – price of lost + damages
Remaining plus damages

FACULTATIVE
Choice of substitute always to debtor
Only one prestation is demandable

Before substitution
Principal is lost – extinguished
Substitute – not extinguished

After substitution
Principal – not extinguished
Substitute – extinguished

SOLIDARY – debtor is liable for whole obligation


Creditor is entitled to demand whole

Terms – joint and several , individually, collectively


Law – heirs of estate
Agency- agent exceeded authority allowed
Two or more bailees same contract
By nature –

JOINT OBLIGATIONS – if silent


Debts/credits are independent of each other
Vices of each obligation does not affect the obligation
Default only to that demanded

Joint
Disjunctive – Or

Condition – debtors pays permits him to do so – PERIOD


Deadline – obligation is extinguished when
a. time expires
b. indubitable never take place anymore

Obligations with a period – will surely happen compared to condition

Ex die – suspensive
In diem – resolutory

Special Forms of payment


1. Dation in Paymet en Pago – transfer of ownership , full if silent
2. Application of payments
3. Cession or assignment –deliver all properties to creditors as agents for selling
Voluntary – extinguishment is up to amount of proceeds-silent
Judicial-all obligations are extinguished
Debtor insolvent

Tender of Payment
Preparatory Act- not extinguish, only offer
Consignation – gave to court because of refusal to receive

EXTNGUISHMENT - LOSS OF THING


Fortuitous
Partial loss
IMPOSSIBILITY OF PERFORMANCE
CONDONATION/REMISSION (gratuitous)
Confusion or Merger of Rights (both creditor/debtor)

Defective contracts

Rescissible 4 yrs

1. Lesion- more than ¼


2. Fraud of creditors
3. Litigation – no consent from litigants or judicial authority
4. By law
- unpaid seller
- specific thing deteriorate fault of debtor suspensive
- lesion at least ¼ of partition
- real estate deficient by 1/10
5. Reciprocal – RESOLUTION(Primary) caused by non-performance

Voidable – Annuled or Ratified – 4 yrs


1. Incapable of giving consent
2. Vices of contracts

Incapacitated plus fortuitous – can be annulled


Effects - Restitution
Incapacity – not obliged restitution except the benefits or price received

Unenforceable until ratified


1. Unauthorized
2. Statute of Frauds
A. must be in writing
- agreement is not to be performed with a year
- guaranty – promise for others
- consideration made in promise of marriage , other than mutual promise to marry
- sale not less than 500
- sale of real property – lease longer than one year
- representation as to the credit of a 3rd person
Sale – only meeting of the mind
3. Both are incapacitated

Void
1. Contrary to law
2. simulated or fictitious
3. cause or object did not exist
4. outside the commerce of mn
5. impossible
6. intention on principal not sure
7. by law

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