Tolentino's Civil Code of the Philippines: Obligations and Contracts Explained

# Obligations and Contracts: A Review of Tolentino's Book ## Introduction - What are obligations and contracts? - Why are they important in civil law? - Who is Tolentino and what is his book about? ## Sources of Obligations - What are the different sources of obligations according to the Civil Code? - How do they differ from each other? - What are some examples and cases of each source? ## Elements of Obligations - What are the essential elements of an obligation? - How are they determined and classified? - What are some examples and cases of each element? ## Kinds of Obligations - What are the different kinds of obligations according to their object, subject, cause, sanction and mode of extinguishment? - How do they differ from each other? - What are some examples and cases of each kind? ## Effects of Obligations - What are the general effects of obligations between the creditor and the debtor? - What are the specific effects of obligations according to their nature and quality? - What are some examples and cases of each effect? ## Extinguishment of Obligations - What are the different modes of extinguishing obligations according to the Civil Code? - How do they differ from each other? - What are some examples and cases of each mode? ## Breach of Obligations - What is breach of obligation and what are its consequences? - What are the different kinds of breach according to their degree and effect? - What are some examples and cases of each kind? ## Remedies for Breach of Obligations - What are the different remedies available to the creditor in case of breach by the debtor? - How do they differ from each other? - What are some examples and cases of each remedy? ## Concept of Contract - What is a contract and what are its characteristics? - How is it distinguished from other juridical acts? - What are the essential requisites of a valid contract? ## Classification of Contracts - What are the different classifications of contracts according to their nature, form, cause, purpose, perfection and effect? - How do they differ from each other? - What are some examples and cases of each classification? ## Stages of Contracts - What are the different stages of contracts according to their formation, validity and enforceability? - How do they differ from each other? - What are some examples and cases of each stage? ## Interpretation of Contracts - What are the general rules for interpreting contracts according to the Civil Code? - How do they apply to different situations and circumstances? - What are some examples and cases of contract interpretation? ## Reformation of Contracts - What is reformation of contract and what are its grounds and effects? - How is it distinguished from rescission, annulment and novation? - What are some examples and cases of contract reformation? ## Rescission of Contracts - What is rescission of contract and what are its grounds and effects? - How is it distinguished from reformation, annulment and novation? - What are some examples and cases of contract rescission? ## Annulment of Contracts - What is annulment of contract and what are its grounds and effects? - How is it distinguished from reformation, rescission and novation? - What are some examples and cases of contract annulment? ## Novation of Contracts - What is novation of contract and what are its kinds, requisites and effects? - How is it distinguished from reformation, rescission and annulment? - What are some examples and cases of contract novation? ## Conclusion - Summarize the main points of the article - Emphasize the importance and relevance of obligations and contracts in civil law - Provide a brief evaluation or recommendation of Tolentino's book ## FAQs 1. Q: Who is Arturo M. Tolentino? A: He was a Filipino jurist, politician, educator, author and diplomat. He served as a senator, vice-president, foreign minister, ambassador, dean, professor and chief justice. He was also a renowned expert in civil law, international law and constitutional law. He wrote several books on these subjects, including his eight-volume Commentaries on the Civil Code of the Philippines. 2. Q: What is the difference between civil obligation and natural obligation? A: A civil obligation is one that derives its binding force from positive law, and can be enforced by court action or the coercive power of public authority. A natural obligation is one that derives its binding force from equity and natural justice, and its fulfillment cannot be compelled by court action but depends exclusively on the conscience of the debtor. 3. Q: What is the difference between consensual contract and real contract? A: A consensual contract is one that is perfected by mere consent of the parties, without the need of delivery of the object or subject matter of the contract. A real contract is one that requires the delivery of the thing that is the object of the contract for its perfection. 4. Q: What is the difference between rescission and resolution of contract? A: Rescission is a remedy granted by law to the contracting parties and even to third persons, to secure the reparation of damages caused to them by a contract, even if this should be valid, by means of the restoration of things to their condition at the moment prior to the celebration of the contract. Resolution is a remedy granted by law to the injured party in reciprocal obligations, in case one of the obligors should not comply with what is incumbent upon him, by allowing him to rescind or cancel the contract or demand its fulfillment, with damages in either case. 5. Q: What is the difference between annulment and voidability of contract? A: Annulment is a remedy granted by law to declare a contract null and void ab initio, as if it never existed, because it lacks one or more of the essential requisites of a valid contract. Voidability is a defect or flaw in a contract that renders it susceptible of being annulled by a court, but does not affect its validity until it is declared null and void by a final judgment.

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