ObligationsArt 1756

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a legal bond that binds two person's in such a way that one of them, obligee/creditor, is entitled to demand from the others, obligor/debtor, a certain performance.  

Components of an obligation

subject

creditor / obligee

entitled to demand

debtor / obligor

owes the performance

active v passive

passive is always one or more identifiable persons, unlike with property

legal bond

vinculum juris

tripartite (State)

what makes it enforceable

distinguishes the obligation between natural and civil

object

the actual performance expected

to give, do or not

not just the thing

unlike in property law

contrast with consideration

to give

to transfer of ownership

a real right in a thing

gratuitous

onerous

to do

result

to render a specific result

to deliver

of means

to standard or effort

specific performance, monetary damages

to not do

forbearance

result in destruction or injunction

only one for passive under property law

categorization

Natural v Civil

Patrimonial

credit-right

transmissible

heritable

transferable

seizable

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a creditor can seize a right in a thing as a matter of satisfying what is owed to them 

prescriptable

r

loss can occur due to only passage of time 

acquisitive perscription

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squater rights adverse possession 

Institutional

Lack Patrimonial

societal (family ties)

Joint, several, in solido

several

joint

in solido

Rights

Personal

specific to the person

Real

from or of the thing

usus

fructus

abusus

subject

active

holder

passive

everyone else

not to

real duty

coorelates to a real right

object involves a thing

credit-right

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unless secured it is not a real right in the fact that it is dependant on the obligation.  a mortgage or security can make it patrimonial because then there are now other rights that can be enforced without the obligee 

Sources

contractsart 1906

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Multilateral juridical actcapacity and consent essential  

definition

agreement of two or more parties

obligation is:

created

modified, or

extinguished

source

multilateral

juridical act

effectivity

capacity & consent essential

prescription

10 yrs, unless

exceptions

LA CC 3499, 3494

remedies

Traditional contract damages

loss sustained

lost profits

quasi contracts

source

voluntary

licit

juridical act

effectivity

capacity and consent less important

prescription

10 yrs LA CC 3499

remedies

generally limited to loss sustained

delictsquasi-delicts

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tort

source

voluntary

illicit

juridical act

effectivity

capacity & consent less important

prescription

gen shortLA CC 3492

remedies

Traditional Tort damages

classification scheme

From LA CC

unilateral v bilateralLA CC 1907 & 1908

unilateral when accepting party does not assume a reciprocal duty

Donation inter vivos1468

mandate2989

loan2891

bilateral- synallagmaticrecipical and coorelated

to loan

lease2668

Sale2439

Exchange2662

significance

putting in default (1993)

Dissolution2013, 2704

ending the contract to end obligation to another

not relevant to unilateral, because no one own anyone

onerous v gratuitousLA CC 1909 & 1910

onerous

sale2439

lease2668

exchange 2660

gratuitousno patrimonial value

donation inter vivos1468

mandate2989, 2992

agency or POA

loan for use 2891

deposit2926, 2928

suretyship3044

promise to pay another's debt

co sign

gratuitous by default, can be onerous

remission1888

a release from liability

gratuitous by default, can be onerous

significance

consent1888, 1890

form1547, 2440

gratuitous needs more proof

authentic act

for donation1541

with notary & 2 witnesses

act under private signature

mirror signing of a document

standard of care2930

onerous care is more strict

significance of the party1950, cmt d

annulment

pure

purely gratuitous contracts

not all gratuitous contracts are donations

indirect liberality

charitable subscriptions

debt of a third person

3rd party beneficiary contracts1978

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for and by a 3rd person  exception to the "privity" of contracts.  this is the exception because bilateral juridical acts should normally only have an effect on the parties of the contract  

beneficiaries are entitled to a right

parties

stipulator

wants the bennefit to the 3rd party

promisee

promissor

responsible for benefit

beneficiary

can refuse the bennefit

must avail themselves of the benefit to have rights

rights1981

promisor has same defenses1982

promesse de prte-fort1977

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stipulation for another  

binds the third party to perform

with their consent

Subtopic

stipulation pour autrui1978

exceptable reasons why

familiar relationship

beneficiary is creditor of stipulator

benificiary expects to be creditor of the stipulator

onerous v. gratuitous

revocation 1979

Subtopic

stipulator can revoke the benefit before tpb can avail themselves of the benefit

if the promisor has an interest in performing the benefit directly, making it irrevocable

revocation or refusal1980

performance to the stipulator

identifying TPB

look to the stipulator's ________ with the TPB

cause

subjective or other wise that would justify this exception

relationship

creditors

contractual

obligations

prexisting duties to relieve or prevent liability

how does the stipulator benefit by the promisor performing to the beneficiary

is there a future obligation

donation beneficiary

smith factor test

exsisting legal relationship

stip owes preexisiting duty to TPB

exsisitng factual relationship

stip may owe duty in the future

stip may derive bennefit or advantage from the benefit

desire to donate

additional prerequisites

not incidental

must clearly stipulate or illustrate a benefit to a specific party

one must determine

stipulation is "manifestly clear

certainty as to the benefit

not a "mere incident" of the contract

donations are subject special rules

heightened formalities

revocation for ingraditude 1556

potential annulment by forced heirs 1503

etc

2/3rds test1526

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value of the charge  < 2/3 the value gift greater than 66% value = onerous less than = gratuitous must fallow the special rules for donations inter vivos authentic act 1541 

purely onerous

onerouse contracts follow the form of their appropriate nominate

inomminate has no form requirement

commutative v aleatoryLA CC 1911 & 1912

communitive, CC makes mistake, opposite of aleatory

sale, lease, exchange

aleatory, one parties performance is certain and the other is not

insurance, gambling, lottery, etc

sale of a hope(2451)

significance

failure of equivalence, not void if aleatory

sale2464, 2589

price must be fixed by the party

there is no sale if the parties did not fix a pricecommutative

Principle & AccessoryLA CC 1913

the contract the gives rise to the obligations

loan

all

accessory provide security for the performance

suretyship

mortgage

pledge

significance

one depends on the other to exsist

accessory depends on the principle

nominate v innominateLA CC 1914-15

nominate = special name; like sales or lease contracts

nominate can have special (additional) rules (LA CC 1916)

sale

exchange

giving in payment

lease

innominate are any others following normal code rule under the title

transfer of ownership in return for services rendered

doctrinal

consensual v. solemn v real

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solemenity means to comtemplate in an offical capacity form purpose is the lvl of proof and thought

consensual are simply formed by party consent

sale of movables

contract for services

formal (solemn) require a certain form for enforceability

purpose

evidentiary function

solemnity function

failure to comply is absolute nullity

tradeoffs.

what is sacrificed

example given1577

notarial will

electronic transaction acts

RS Title 9

LUETA

parties must agree in advance

types

in writing or not parole evidence

authentic act1833-1835

notary + 2

full proof1835

under private signature

burden of proof on whoever contests

unless acknowledged

duly acknowledged

after the fact notary

important ones

compromise3072

settlement

transfer of immovable 1839, 2440

exception of testimony and delivery

donation inter vivos 1541, 1543

authentic act

notary +2 witnesses

manual gift

corporeal movable

on delivery

matrimonial agreement2331

duly acknowledged or

authentic act

certain debts 1847

parole evidence is not good enough to bind 3rd parties to pay the debt of another or prescribed

parole evidence = not in writing

surety to pay another

must be in writing

voluntary solemnity1947

form contemplated becomes the binding form (1947)

Breaux Brothers

agree to only be bond by writing

requires clear evidence

frequently litigated

will be on the bar exam

modification agreement works differently because its a separate contract

if they agree to only modify in writing, but insist on being bound at that time may override this

proof of obligation 1831

authentic act

full proof of agreement

burden to prove fraud

strong, clear, and positively convincing evidence

APSDA1836

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act under private signature duly acknowledged  

prima facie

preponderance of the evidence

APS1838

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ack under private signature  

signatures must be proven

parol evidence1848

wether a writing is required for a contract or not

once a writing is in place, verbal cannot be admitted to vary of negate it

in the interest of justice

may be admitted to prove circumstances like vice of consent or modification

proof of fraud is a good example

evidence of fraud is rarely in the writing

testimonial proof1846

< $500

competent evidence

> $500

1 witness & other corroborating circumstances

juridical confession

full proof

real are not enforceable until the thing is delivered

manual gift1543

corporeal movables on delivery

loan2891

deposit2926

freely negotiated v. adhesionary

some rules address:

fraud, error, duress, lesion, good faith, etc

LA Law does not have "unconscionably" or contracts of adhesion

Contracts

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analysis was there an offer?is it irrevocable?    how long    what is a reasonable timehas it expired? 

Forming

Capacity1918

enjoy

general legal capacity to have rights and duties

incapacity of enjoyment

Sale of litigious rights2447

litigious rights cannot be bought by officers of a court

of excersise

pervasive, affecting all types of juridical acts for persons with certain characteristics

majority29

support, education, business

lack of capacity

unemancipated minors

interdicts389-390

full389

consistent, infirm, court ordered loss of capacity

of person and property

limited

specific capacity removed

curators392

persons deprived of reason

rescission for incapacity1921

clear and convincingly and by the great weight of the evidence

Consent1927

more subjective standard in LA

established through offer and acceptance

offerdefined by doctrine

unilateral declaration of will (juridical act) to form a contract

prerequisites

declared

outward projection

to the person

express, implied, or tacit

indicative of intent to be legally bound

opposed to social or moral duty

serious

precise and complete

must contain the essential terms

nominate contracts have different standards for required terms

sale2439

the price and the thing

lease2668

the thing and the rent

firm

must be indicative of offeror's intent to conclude the contract with the offeree's assent

revocable v. irrevocable 1930, 1931

if its not irrevocable it is revocable

revocable offers expire after a reasonable time

irrevocable offers that expire no longer exist

death or incapacity cause expiration

rejection and counter offers kill offers

upon receipt not knowledge

options1933, 2620

not just an irevocable offer; a contract to contract

must have value exchanged

as a contract it is heritable

requirements

offer to sell or buy

a thing

stipulated time

the price

formal requirements of that type of sale

acceptance defined by doctrine

r

unilateral juridical act  

elements

declared

timely

made by proper party

conformity only when required by the offer

exception is formal requirements by law

types

express acceptance

revocable offers1935

when transmitted

irrevocable offers 1934

upon receipt

at possession1938

not knowledge

by performance1939

starting performance is acceptance

assumed completion will result from commencing the performance

creates a irrevocable offer

offeree is bound to complete

notice of commencement 1941

unless oferor should have know, when an offer is accepted through commencement the offeree must give notice of that commencement

by complete performance1940

only completion is acceptance

not certain if delivery is possible

based on the nature and usage of the contract

offeree is not bound to complete

acceptance through silence 1942

controlling rule when not expressed by law in other place

vocabulary issues in jurisprudence

tacit = silence or inaction

implied = behavior

offers of reward1944, 1946

binding even if the performer does not know

contractual value differs from the compensation for unjust enrichment

revocation must be made in the same way or an equally effective means 1945

content1943

mirror image rule

counter offer without mirror

some rules match the UCC exceptions2601-2

express v implied v tacit

tacit / silence

any reasonable alternative for silence will block consent

many situations are covered by the CC like auto renewal

tacit must be unequivocal outside of statutory

Cause1967 (1st .5)

the "reason" a person is binding themselves

the why sometimes the thing, sometimes the motive

function

determine which contract to enforce

determine which rules apply to the contract

significant factor in nominate, legality, and form

categories

objective cause

cause of the obligation

to exchange money or goods

to get ownership

absence or failure of cause

error and fraud

subjective cause

cause of the contract

to get bigger or more or closer

tax purposes

strategery

simulations

unlawful cause

effects

intent and reality is more important than declaration by instrument

does not have to be express1969

when expression is untrue, the obligation is still effective if another can be shown1970

other writing expressing = counter letter

simulation

relative 2027

difference between expressed type and actual

enforceable if in the form of the real nominate

if the true kind is unlawful, it is unlawful

absolute2026

pretending there is no contract when there is

against 3rd persons2028

movables

protected in good faith

money goes to the true owner, good goes to the buy, bad faither pays the parties

imovables

secret agreements have no effect

recorder provides normal affect to 3rd parties

3rd person can buy from the pretence person

common issues

price as an essential element of sale 2464

cause for donation, but disguising as sale

sale needs writing; donation needs authentic act

unlawful cause 1968

cause and object get intertwined her, but are still distinct

includes public policy

absolute nullity

retroactivly: never exsisted

detrimental alliance 1967 (2nd section)

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A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying. Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisee's reliance on the promise. Reliance on a gratuitous promise made without required formalities is not reasonable.

reason for an obligation without the contract

requirements

representation by conduct or words

justifiable reliance

change in position to one's detriment because of such

remedies

damages

full contractual relief

specific performance

expenses actually incurred

purpose

justice

restore to position b4 reliance

limitation on the theory

no reliance on gratuitous promise w/out proper form

no reason to rely on this

no detrimental

commencement 1941

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When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages.

Recession for liability 1952

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When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages.

due to his own error

must pay damages

unless other party should have known too

Object 1756

Rights and cooresponding duties

giving

sometimes refers to a thing, not always

doing

not doing

freedom of parties1971

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Art. 1971. Freedom of partiesParties are free to contract for any object that is lawful, possible, and determined or determinable.

requirements

lawful

may be different than cause lawful

you cannot contract for the succession of a living person

possible

absolute nullity

at the onset?

for anyone to perform

not impractibility

future object1976

conditions of 2450

contract exsist, just not enforcable until condition is met

determined or determinable

specific enough

meeting of the minds

kind

weight the factors of product type, relationships, and other facts

quantity1973

certain or by method (math, percentage)

3rd person, named and willing

opens window for court

outputs or requirements1975

good faith emphasized

not unreasonable or disproportionate

vices of consent

types

error1949

must be related to the cause

the obligation would not have been accepted had the party known

party should have known

not if willing to correct the error 1951

effect

relative nullity

as if never happened

person liable does not get damages

fraud1953

intentional error

material

two prongs from code

a misstatement or omission of fact

intent to gain an unjust advantage OR cause a loss OR inconvenience

can result from in action or silence

only when there is an affirmative duty to speak

proof1957

preponderance of the evidence

circumstantial evidence

effect

relatively nullity

guilty party is liable for damages and attorney fees1958

duress1959

must be sufficiently severe

would a reasonable person been afraid

like them

age, health, disposition

other personal circumstances

by imprisonment

violence

violence

related to the actual contract

beating

actual injury

threats

of imprisonment

of violence

of lawful act or legal right

not sufficient

unless completely frivolous

economic

almost never

duress of goods in some cases

3rd persons

threat toward 3rd person 1960

family, yes

others, courts discretion

by 3rd party1961

vitiated regardless of knowledge

ransom rule1963

obligations occurred to prevent other threats are enforceable

good faith

no collusion

effect

absolute nullity

lesion

nullity2029

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if the contract "never" exsisted because of nulity; than damages are unjust enrichments under the quasi-contract rules 

absolute

relative

right to confirmation 1920

must have been ignorant at the time of the contract

must be immediately

recognitive acts

cures relatively nullity

must have clear evidence of intent to do so

confirmation1842

declaration of intent to be bound

ratification 1843

basically a confirmation for agent authority issue

mandatory without proper authority

spouse without proper concurrence

effects

retroactive 1844

effects

general effects1983

effects of law on the party

must be good faith

dissolved through consent

rights are heritable and assignable1984

patrimonial

effects on third parties1985

non except where law provides

3rd party beneficiary

potential remedies

specific performance

history

one of the remedies that were never traditionally available under common law except through the monarch

no sp with a few exceptions

under civil law, it was the natural thing to do as it was the cause of the contract

only sp with lots of exceptions

still recognizes policy deterrence of

the right to 1986

SHALL impose sp for failures + damages

failure to deliver, to act, or execute an instrument

impracticable

some damages

test

impossible

greatly disproportionate $$$

no longer in creditor's interest

obligee

negaytive impact on 3rd parties

social costs

to do

discretionary

affirmative one time actions

not ongoing

non competes are statutorily regulated

generally against policy in LA, unless they follow 23:921

injunction

TRO

must show they are suffering from and injury

after word must prove they are entitled to a permanent injunction

procedural devices that intersect with this area of law

or

dissolutions 2013

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alternate to sp binding force is brought to an end  obligee is released from its obligations obligor is relieved from their correlative obligation distinct from rescission  

alternative to specific performance

an unwinding of the contract

not the same as rescission

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rescission is the result of nullity dissolution is the result of breach a fully enforceable contract that is breached is dissolved.  a contract that is null is resolution damages after rescission are from quasi-contract 

with notice to perform2015

reasonable time

putting in default2099

written notice

oral 2 witnesses

suit for performance

specific prevision in contract

without notice to perform2016

anticipatory breach

assurance rule; same as common law2023

may demand in writing security of performance

security = real or personal or simple assurances

time is of the essence

types

judicial dissolution 2013

court decreed

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advantage here is additional discretion by courts.  supports good faith by parties  

court order is still required for damages

contingently grant

more time ending in auto dissolution

factors to determine if they should grant additional time to perform Waseco Factors

extent and gravity of the failure to perform

nature of the obligor fault

faith of the parties

surrounding economic circumstances

usual method

extrajudicial dissolution

the obligee regards the contract as dissolved

express dissolution clauses2017

dissolved at the time provided

unspecified duration 2024

exceptional method

effects 2018

unwinding

entitled to full contractual damages

partial performance

substantial 2014

may prevent

contractual

non-substantial 2018

may entitle to damages

partial dissolution possible2019

phases of performance or other situation

quasi-contractual

of continuous or periodic performance

past performance is not affected by dissolution

ready to perform2022

bilateral, one does not perform if they know the other isnt

and

damages 1994

failure to perform

r

not breech of contract in LA  

delayed performance 1989

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lots of special rules  

damages that result from being late

moretory damages

default

puts the obligor on notice of liability being incurred by being late

starts incurring damages

must be satisfied to incur damages unless complete non performance

methods

written notice

oral notice/2 witnesses

suit for performance

contractual provisions

can make it automatic

time

fixed

clearly determinable from the circumstances

reasonable time

risk of delivery1992

bilateral performance1993

party must perform or be ready to b4 putting the other in default

defective performance

nonperformance

can occur when announced

anticipatory breech is just nonperformance

types

Moretory

compensatory

pecuniary

r

patrimonial  direct relation to monetary loss  

measured by loss sustained and profit deprived 1995

out of pocket

expectation of profit

non pecuniary1998

stipulated 2005

must be enforced, unless extremely unreasonable 2021

term is same as liquidated damages in common law

always available

obligations in general1756, Title 3

sources 1757

contractual

quasi contractual

judicial

effects of 1758(a)

1

enforce performance

2

enforce through another at their expense

3

recover damages

general effects 1758 (b)

1

proper discharge

2

contest actions

good faith1759

will govern the subjects in whatever pertains to the obligation

organization

general principles

natural obligations

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obligation that arises from a moral duty creating some of the effects of a civil obligationproduces limited effects obligee has no right to enforce performance obligor may not recover a performance freely rendered a promise to perform transforms a natural obligation to a civil one payment of a thing not do does not work under a natural obligation to do so

source1760

not every moral duty

a particular moral duty

must rise to the level

special features

natural obligation

towards particular person

feel strong enough to have a feeling of indebtedness

relationship

promise

partcial performance

effect on partimony

pecuniary value

transfer to civil obligation

FREELY promise or performance

vices of consent except error

not a violation of public order

follow juris prudence

Thomas v. Bryant

promiissory note formedical bills for step son

Jones

natural obligation for a free caretaker

used as an alternative to gratuitous contract

Wortmann

promis to give to make up for fidelity

Stoll v. Goodnight Corp

employee promise to pay for a mistake

SF Co v. Daigle

discharged debt, partially performed on

cant get payments back but did not make additional promise to pay full amount

not just an acknowledgment

promise must be express and unequivocal

pay a debt must be in writing

examples1762

civil obligation has been extinguished

bankruptcy

discharged

had dicernment lacked capacity

kid makes second promis or partically performs

invalid donation due to form, then dies, creates natural obligation for those in the will

a promis to uphold, with create the civil obligation

kinds of obligations

r

real obligation bad vocabmeans property is not an obligationproperty can create list of real rights and duties obligations can create presonal rights and duties  

real v. personal

r

real obligations follow things personal obligations follow people  

real

examples

ownership

servitude

building restrictions

usufruct

mineral rights

mortgage

privilege

property obligations

effects 1764

successor, person who takes the place of another

universal successor

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like heirs 

heir or legateee of all or a portion of the patrimony

legatee

universal legatee

r

legetee= by virtue of will 

parts of or entire patrimony

general legatee

particular rights and duties

particular successor

is not personally bound because they have not acquierd all

mortgage

loan

personal obligation to pay

mortgage

real right to judicial sale

follows the house

strictly personal vs heritable

heritable1765

obligations that can be transferred

includes between living persons

performance can be executed by a successor

strictly personal 1766

cannot be transferred

when?

is it a right, a duty, or what?

from which point of view? obligee or obligor

as default, all are deemed heritable except when exceptions arise:

exceptions

special skills required

all performances that required personal performance

when the obligation is intended for the benefit the obligee exlucively

conditions1767

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pure and simple or affected by a modality modality = condition or a term 

pure & simple

comes into existence immediately

goes on indefinitely

performance is immediately

no implied terms

conditions

one that is dependant on an uncertain event

features

uncertainty

from the point of view of the parties

dependency

suspensive

unless and until

must wait; duty is suspended

resolutory

immediately enforceable but ends at the condition

already performing, condition to reverse

sources

express conditions

implied

intent of the parties

wedding gifts

nature of the contract

sale of a future thing

the law

reconduction of lease

fulfillment

positive v. negative

something will vs something wont

positive1773

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if the condition is suspensive that would mean the obligation is not enforceable if the condition is resolutory that would mean the obligation is enforceable  

fixed time

reasonable time

certain failure

negative 1774

that time has elapsed without the condition occurring

it is certain it cannot

fault of the party contrary to the interest of the party1772

considered fulfilled

example:

purchase agreement is a conditional contract

buyer cannot be the reason the conditions fail

exceptions

third party rights and acts of administration

prohibited1769

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really about cause suspensive means that cause is more directly tied resoltory may mean this is a secondary cause prime and major cause 

illegal

impossible

potestative 1770

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must be purely potestative weighing of interest 

power?

within the power of the party to perform

contrast with casual

only bad sometimes

pure v. simply

pure = on a whim

simply = on the will

focus is on the obligor

1770

suspensive

pure

null

resolutory

simply

in good faith

subject to a term

definition

a certain time period that makes performance suspensive

certain or uncertain

party specific

when paid not if paid

no term performance is due immediately

sources

expressed or implied

expressed by condition

conventional

implied

intentions of the party

the nature of the contract

by law

arise from agreement or the nature of the agreement

by law2680

by court 2013

types

suspensive

delay, when the obligation becomes due

resolutory

terminates on the obligation

continuous/periodic performance

duration 1778

certain time = fixed

fixed

we know the precise time

uncertain

variable terms

we know it will happen, just not the date

when this happens that will happen

time

the day after it takes effect

includes the last day of the term

renunciation of a term1780s

for the benefit of the obligor

presumption

right to do early

where both bennefit

cannot renounce without consent

with multiple persons1786

obligation classification

several

many obligation

joint

one obligation

divided by head

presumption of

remission of 1 changes nothing for the others

solidary

one obligation

undivided

caps the amount they have to perform

full performance by any 1

interruption of perception interrupts the others

default of one is default of all

defenses are still personal in nature1801

relative nullity only

rules of divisible v. indivisible must be applied453

intent of the parties

nature of the obligation

transmission

transmission

divisible

can create situations where succeors are jointly bound while the remaining are still solidary

protects sucessors

indivisible

does not fall under the above rule due to the impossibility of division

new solidary obligors

remission

forgiveness to one person

settlement for one, reduces but does not settle the obligation of another

proportionate Verial

insolvency

negative net worth makes them judgment proof

shares is split and added to the others

renunciation

pay to become joint liable not solidary

a party who is made jointly liable can still be brought back for contribution

horizontal specific(between the obligors)

contribution

b and c are jointly bound for the viral share to A

indemnity

co-signers

primary owes the full amount to the co signer that stepped in

performance

joint

one person performing does not change the obligation of another

solidary

one performance does affect the performance obligation of others

sources

juridical act

judicial decree

extinguished by full performance

with multiple objects

divisible & indivisible

transfer of obligations

subrogation

a pays the banks and becomes the obligee of B and C

proof of obligations

covered under consent

extinction of obligations

contribution

dependant on the relation of the party

passing obligations on

compensation 1893

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when both subject owe to each other they deduct from each other 

legal

automatic when everything is clear and liquid

conventional 1901

in agreement

judicial1902

so ordered

no compensation1894

compensation happens no matter what

exceptions

things that were unjustly taken

the return of a deposit

bank accounts

things exempt from seizure

Juridical Relations

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juridical relation is an interpersonal relation between subjects and objects.  Subjects are the people and objects are the rights and duties.  Legal Personality (art 24) natural and juridical personalityLegal Capacity  all persons have legal capacity to have (enjoy) and exercise legal rights and duties unless the law provides otherwise.   

Patrimonial Relations

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TransferrableTranmissibleSeizablePrescriptable

Real Relations

Principal Real Relations

Ownership

Dismemberments of Ownership

Predial Servitudes

Personal Servitudes

Usufruct

Habitation

Right of Use

Accessory Real Relations

Mortgage

Pledge

Privilege

Obligations

Contractual

Quasi- contractual

delictual

Quasi- delictual

Extra-Patrimonial Relations

Family

Spousal

sources

Juridical Acts

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a manifestation of will designed for legal consequence  offer or other  literal contract is "instrument" ex: filiation of unclaimed child  

Multilateral

unilateral

Juridical Facts

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some event that occurs to which the law give legal consequence regardless of wishes   

Involuntary(Natural)

Birth

Death

Voluntary

Licit

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goodquasi- contractual realm  

Management of Affairs

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Management of Affairs (NegotiorumGestio)—“There is a management of affairs when a person, the manager, acts without authority to protect the interests of another, the owner, in the reasonable belief that the owner would approve of the action if made aware of the circumstances.”  (CC 2292)•Example:A hurricane bears down on the city. My neighbor, unable to locate me, hires workers to board up my windows and sandbag my yard. My neighbor has “managed my affairs.” •Duties of the Owner (Me): “The owner whose affair has been managed is bound to fulfill the obligations that the manager has undertaken as a prudent administrator and reimburse the manager for all necessary and useful expenses.” (CC 2297)

Payment of Things Not due

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Payment of a Thing Not Owed—”A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it.” (CC 2299)•My employer accidentally deposits two paychecks in my account. I am bound to restore the money that I was not owed.

Unjust Enrichment

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Unjust Enrichment/Enrichment without cause-”A person who has been enriched without cause at the expense of another is bound to compensate that person. The term “without cause” is used in this context to exclude cases in which the enrichment results from a valid juridical act or the law. The remedy declared here is subsidiary and shall not be available if the law provides another remedy for the impoverishment or declares a contrary rule. The amount of the compensation due is measured by the extent to which one has been enriched or the other has been impoverished, whichever is less.”•Company A hands over equipment to Company B during the negotiation of a lease. The negotiations fall through and the lease is never confected; however, Company B has used the equipment for 3 months. Company B must compensate Company A as a result of its “enrichment without cause.”

Illicit

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bad 

Delicts

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intentional tort 

Quasi- Delicts

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neg tort