What are the characteristics of a valid prestation?

Requisites of Prestation:

Physically and juridically possible. Determinate or at least determinable according to pre-established elements or criteria. Must have a possible monetary value.

What are the two classes of obligation based on kind of prestation?  Divisible Obligations – obligations where in the delivery or performance of the object is capable of partial performance.  Indivisible Obligations – obligations where in the delivery or performance of the object is NOT capable of partial performance.  Joint Indivisible – involves several subjects.

Likewise What is prestation in obligation and contract?

Prestation – It is the object of the obligation. It is what the obligation is all about either to give, to do, not to do, or a combination. … Efficient Cause – The juridical tie that binds the parties to an obligation. It is what binds the parties (e.g. contracts, quasi contracts).

Is Quasi a contract? A quasi contract is a retroactive arrangement between two parties who have no previous obligations to one another. … These arrangements may be imposed when goods or services are accepted, though not requested, by a party. The acceptance then creates an expectation of payment.

What is a quasi contract example?

Examples of Quasi-Contract

A person orders some perishable items online by providing his address and paid for the same. At the time of the delivery of the goods, the delivery man delivers it to the wrong address. The receiving party then, instead of denying the delivery, accepts the order and consumes the same.

How are obligations extinguished? Obligations are extinguished: [1] By payment or performance; [2] By the loss of the thing due; … This Article enumerates only six (6) of the many ways by which an obligation may be extinguished: payment or performance; loss; condonation or remission; confusions; compensation, and; novation.

What does Vinculum Juris mean?

a legal bond or tie.

What is the meaning of Article 1164? Article 1164 of the Civil Code provides that “a payment made in good faith to the person who is in possession of the credit shall release the debtor,” and article 1163, paragraph 2, reads as follows: “A payment made to a third person shall also be valid in so far as it may have been beneficial to the creditor.”

What are the 3 kinds of delay in law?

There are three kinds of delay namely:

Always keep in mind that the debtor can only have an obligation to give, to do, and not to do, so he can only be delayed between the two, to give and to do, because there is no delay in not to do. One cannot be in delay for not doing at all.

What is quasi law? Latin for “as if.” Commonly used as a prefix to show that one thing resembles, but is not actually, another thing. For example, a quasi-contract resembles, but is not actually, a contract.

What is the difference between quasi-contract and contract?

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. … General Contracts are entered into by interested parties voluntarily without any compulsion, whereas quasi-contracts are imposed by law.

Is quasi-contract created by law? A Quasi contract is a contract that is created by court’s order in absence of any agreement between the parties. … Quasi contract can be defined ‘as an obligation enforced by the law on one party to avoid unjust enrichment of that party’. There is no prior agreement,offer and acceptance in a Quasi contract.

What does quasi mean in law?

Latin for “as if.” Commonly used as a prefix to show that one thing resembles, but is not actually, another thing. For example, a quasi-contract resembles, but is not actually, a contract.

What is the difference between contract and quasi contract? 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.

What is quasi contract in law?

An obligation that the law creates in the absence of an agreement between the parties. … A quasi contract is a contract that exists by order of a court, not by agreement of the parties. Courts create quasi contracts to avoid the unjust enrichment of a party in a dispute over payment for a good or service.

How do you know if an obligation is extinguished? If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.

Will death of a party extinguish an obligation?

Death does not extinguish any debts or loan obligations. Unfortunately, it will remain until it is paid by the estate. Because of the rules on succession, both assets and liabilities will be passed on accordingly.

What is culpa Aquiliana? Culpa aquiliana is simply quasi-delict or civil damages due to negligence. … Culpa criminal is imposed only if there is a penal law covering them, while quasi-delict or culpa aquiliana includes all acts in which any kind of fault or negligence intervenes. Hence, the latter is broader in concept.

How do you pronounce Vinculum Juris?

What is Solutio Indebiti in law? INDEBITI SOLUTIO, civil law. The payment to one of what is not due to him. If the payment was made by mistake, the civilians recovered it back by an action called condictio indebiti; with us, such money may be recovered by an action of assumpsit.

What is the meaning of Article 1169?

“No demand, no delay.” This rule is spelled out by Article 1169 of the Civil Code, where those obliged to deliver or to do something incur a delay from the time the obligee (or the person to whom an obligation is owed) judicially or extrajudicially demands fulfillment of the obligation.

What is the meaning of Article 1166? Article 1166.

Meaning of accessions and accessories: 1. Accessions are the fruits of a thing or additions to or improvements upon a thing (the principal). Example: House or trees on a land; rents or a building; air-conditioner in a car; profits or dividends accruing from shares of stocks, etc.

What is Article 1160 all about?

Unauthorized management; arises whenever a person voluntary takes charge of the agency or management of another’s abandoned business or property without the latter’s authority.