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7/24/2019 Memory Aid - CIVdocx

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Memory aid CIVIL LAW

Marriage

The Supreme Court had laid down the guidelines for the interpretation and application of Article 36:

(a) Grave t must !e grave or serious such that the part" would !e incapa!le of carr"ing out the ordinar"

duties re#uired in a marriage$

(!) %uridical Antecedence t must !e rooted in the histor" of the part" antedating the marriage& although the

overt manifestations ma" emerge onl" after the marriage$ and

(c) ncura!le and 'ermanent t must !e incura!le or& even if it were otherwise& the cure would !e !e"ond

the means of the part" involved

*

a) The !urden of proof to show the nullit" of the marriage !elongs to the plaintiff An" dou!t should !e

resolved in favor of the e+istence and continuation of the marriage and against its dissolution and nullit"

!) The root cause of the ps"chological incapacit" must !e: (a) medicall" or clinicall" identified& (!) alleged

in the complaint& (c) sufficientl" proven !" e+perts and (d) clearl" e+plained in the decision

c) The incapacit" must !e proven to !e e+isting at ,the time of the cele!ration- of the marriage

d) Such incapacit" must !e also shown to !e medicall" or clinicall" permanent or incura!le

e) Such illness must !e grave enough to !ring a!out the disa!ilit" of the part" to assume essential

o!ligations of marriage

f) The essential marital o!ligations must !e those em!raced !" Articles 6. up to /0 of the 1amil" Code asregards the hus!and and wife as well as Articles 22& 220& and 224 of the same Code in regard to parents and

their children

g) nterpretations given !" the 5ational Appellate atrimonial Tri!unal of the Catholic Church in the

'hilippines& while not controlling or decisive& should !e given great respect !" our courts

h) The trial court must order the prosecuting attorne" or fiscal and the Solicitor General to appear as

counsel for the state 5o decision shall !e handed down unless the Solicitor General issues a certification&

which will !e #uoted in the decision& !riefl" stating therein his reasons for his agreement or opposition& as the

case ma" !e& to the petition

Obligations

General 'rovisions !ligation to give to do not to do 7 8aw contract& 9uasi& elict& 9uasi elict 7

contracts; force of law

5ature and


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and accessories

1ruitstime o!ligation to deliver

arises (merel" personal$ real right

when delivered)

eterminate= indeterminate

> Specific or e#uivalent

performance = su!stitute

performance

5o specific performance& !ut

e+ecution at cost 7 poorl" done !e

undone

?ndon at his e+pense

1raud: future fraud non>waiva!le *efers to dolo incidente olo causante renders o!ligation void

> 5egligence: ma" !e waived& !ut onl" simple negligence Gross negligence amounts to fraud

> efense:

o 1ortuitous event:


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2 !ligations with a 'eriod arrival f da" certain (future and certain)

a ,when m" means permit me to do so- ; period

!


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a ust !e complete Su!stantial performance is o as long as there is G1 @ compensation for

damages Acceptance of incomplete performance is deemend complete performance ("an Be get

the love we thin we deserveK)

i emand for parial fulfilment o when partiall" li#uidated

! ust !e the e+act thing or if generic ; neither superior nor inferior #ualit"

i f mone"& legal tender ?nless otherwise stipulated Chec pa"ment onl" when encashed

or impaired thorugh fault of creditorc Third person:

i Creditor not !ound to accept e!tor not !ound to reim!urse if without nowledge (e in

so far as it !enefitted him) Third person cannot compel to !e su!rogated to creditorIs

rights onation ito actuall"

d Capacit"

i f incapacitated to alienate considerationnot valid

ii 'a"ment must!e made to pa"ee f not& o pa din as long as tinago or nag!enefit

0 5ot necessar" when there is su!rogation or ratification

e Applicationde!tor must sa" ung saan& and hindi pwede sa hindi pa due f issued a receipt

and "ou did not complain& "ou are estopped from claiming invalidit" nterets muna !ago

principal ost onerous pag wang specification

i Cession de!tor ma" assign or cede propert" in pa"ment of de!ts !ut onl" to the e+tent

of proceeds received from sale of the thing cededii Consignation creditor refuses without Hust cause to receive pa"ment:

0 2 notice rule: notice of consignation to those interested in fulfilment then

deposit&then notice of consignation Then cancellation of o!ligation

2 8oss

a Genus nun #uam perit

! *e!us sic stanti!us service has !ecome so difficutl (not impossi!le) as to !e manifestl" !e"ond

the contemplation of parties

c e!t proceeds from criminal offensenot e+cused from pa"ment

3 Condonation (e+press or implied)characteristic of donation

a eliver" of instrument evidenceing credit

! 'rincipal condoned& inclused accessories Eut not vice versa

F Confusion=erger

C @ !ecome one and the same Eenefits guarantorsa E?T Guarantor @ guarantor=creditor: nope !ligation e+isting

! f Hoint& confusion oe+tinguishhed onl" relevant share

4 CompensationC@ of each other 7 same ind and #ualit" 7 due li#uidated and demanda!le

a Guarantor ma"set up defense of compensation re: what creditor owes principal de!tor

! Bhat ma" !e compensated:

i Thoese not due& claims for damages *escissi!le or voida!le de!ts

c Assignment and compensation:

i C assigns:

0 B de!torsI consent: cannt set up defense unless there is a reservation

2 B=nowledge& no consent: onl" those !efore& not after

3 =wo nowledge: compensation of all credits until nowledge of assignment

ii EABA8 SA


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i 8egalC pa"s another creditor who is preferred even witout Is nowledge * Third

person pa" with approval f de!tor r an" person interested in fulfilment of o!ligation

ii Conventionalall must consent

Contracts

eeting of minds !etween two parties where!" one !inds himself to give or render service

> etermination of performance ma"!e left to third person& !ut must !e communicated to perties

> Autonom"& mutualit"& relativit" (stipulation pour autrui)

o Contracts without authorit": unenforcea!le !ut ratifia!le

> nduce to commit fraud in contracts ; damages

> *eal perfected !" deliver"

0 Consent meeting of minds an a!solute acceptance of offer

a neffective when acceptance was not communicated to person

2 !Hect certain (S)

a 8icit& commerce of man& possi!le& determinate

3 Cause prestation

1orm:

'u!lic ocumentreal rights& cession& repudiation& renunciation of inheritance& cog& power of administration&

e+ceeding 4 pesos

*eformationthere is meeting of minds !ut true intention not e+pressed (mistae& fraud& ine#uita!le conduct

of one of the parties) f no meeting of mindsannulment

> ahit isa lang "ung nagamali tapos aware "ugn isa& reformation


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irresisti!le force

c ntimidation

fear of imminent

and grave evil

d ?ndue influence

improper

advantage of

power over

anotherIs will

e 1raud insidious

words or

machinations&

material

misrepresentatio

ns (causente)

i olus !onus and

caveat emptor

4 utual error whenreal purpose is

frustrated (di !a to

reformationP)

Su!sidiar" and resorted to

onl" when the inHured part"

has no other means to

o!tain reparation 7 onl" to

e+tent of damage

Dalid until annulled

a"!e ratified

Clean once ratified

8inisin mo "ung defect 5ot ratifia!le& non

waiva!le

F "ears F "ears& !ut interested

parties e+cept guilt"parties

nl" !" parties& not

third persons(ma"!e 4 "ears since

none is providedin the

code)

mprescripti!le

f !oth are guilt"& noaction against each

other !ut !oth shall !e

criminall" prosecuted

*escissi!le

> Eoth parties must !e a!le to restore what the" have received f not& this is not the proper remed"

> f no reserved propert" to answer for de!t to creditor& presumed to have !een entered into in fraud of

creditors 'resumed onerous when writ of attachment has !een issued

Doida!le

> *estore what one ma" have received

> ncapacitated person not o!liged to mae su!stitution e+cept in so far as he was !efitted> Bhen the o!Hect is lost though fault of person who has the right to !ring action& e+tinguished

o Statute of frauds: (unenforcea!le unless in writing and su!scri!ed


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3 '4 or a!ove saleun less partl" or whole received or recorded in auction !oo

F Special promise to answer for de!t of another

4 n consideration of marriage

6 *epresentation as to credit

> Bhen one part" gives consent& then voida!le f !oth& then validated

Doid> f C* f possi!le& separate illegal terms from legal ones to give effect to contract

$RUS$

ne where!" a part" reposes confidence over his propert" to antoher for the !enefit of antoher person


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n sales& after perfection& !u"er !ears ris of loss as e+ception to res perit

dominoH

eliver" made to !u" with e+press reservation of ownership: !u"er !ears ris of

loss

Bhoever is in dela" !ears ris of loss

*emedies will depend on ownership if owner& then S' or rescission therwise&

damages


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,opportunit" to mae up oneIs mind a!out a sale-

nl" claim for damages since the onl" contract here is the unilateral promise of seller

that he will sell to !u"er& which promise was given for a separation separate and distinct

from the price Bhen there is 5 C5S


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0 Jowever& when E?M


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0 Also applies to owner of adHoining lands

2 Compare with right of pre>emption: when land is so small tapos

i!e!enta pa "ung huge part of thatright to pre>empt sale

*ights and !ligations:

!li > S


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*ay(ents of rent in advance by the sublessee shall be dee(ed not to have been (ade, so far as

the lessor+s clai( is concerned, unless said pay(ents were effected in virtue of the custo( of the

place.

?se of premises !" su!lessee limited to contractual stipulations of !oth lease and su!lease

uties of lessor and lessee0 To deliver the thing 7 fit for use intended

2 5ecessar" repairsrefusal to provide necessar"

repairs& there is right to withhold rentals

3 'eaceful and ade#uate enHo"ment

0 To pa" the price of the lease

2 ?se according to purpose stipulated= inferred

(nature or custom)

3 'a" e+penses

therwise& eHectmentK

The !u"er of a land with a lease not registered in the *egistr" of propert" ma" terminate the lease *ight

cannot !e e+ercised in !ad faith f sale is not registered& then !u"er and contract are presumed fictitious

Grounds for eHectment ()aV* U+

a


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E?T f G1& hindi mo pwede ipatanggal

Agenc" vs 8ease of service vs Contract for piece of wor

estruction of leased premises

o 5ot e+tinguished as long as it can !e used for the purpose for which it was intended


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from actual use in whichcase panta" sila)

3 amages suffered !" !ailee for flaws he did not

disclose

0 evotes to diff purpose

2 ela"

3 Bith appraisal for value

F 'inahiram sa hindi mem!er ng household

4 nstead of saving the !orrowed item& mas pinili

n"a "ung an"a

'*


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o !idding rule: Bhen no!od" !u"s after 2 !iddings& "ou can appropriate for "ourself

Continuing mortgage over immova!le is allowed E?T TJ


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8A5 TT8

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