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Law on Obligations and Contracts by Hector de Leon: A Comprehensive and Authoritative Guide


Law on Obligations and Contracts by Hector de Leon 2011 Edition Pdf Free 11




If you are looking for a comprehensive and authoritative guide on Philippine civil law, you might want to check out Law on Obligations and Contracts by Hector de Leon. This book is one of the most widely used references by law students and practitioners alike. It covers all the essential topics and concepts related to obligations and contracts in a clear and concise manner. In this article, we will give you an overview of what this book is about and why it is important. We will also provide you with some information on how to get a free pdf copy of this book online.




Law On Obligations And Contracts By Hector De Leon 2011 Edition Pdf Free 11


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What are obligations and contracts?




An obligation is a juridical necessity to give, to do or not to do something. It is a legal relation established between two parties whereby one is bound to fulfill a prestation that the other may demand. A contract is a meeting of minds between two persons whereby one binds himself to give something or to render some service to another for a consideration. A contract is a source of obligation but not all obligations arise from contracts.


Some examples of obligations are:


  • To pay rent for a leased apartment



  • To deliver goods that were ordered online



  • To refrain from smoking in a non-smoking area



  • To indemnify someone for causing damage to his property



  • To return a borrowed book



Some examples of contracts are:


  • A sale agreement where one party sells a car to another for a certain price



  • A lease contract where one party rents out his property to another for a certain period and amount



  • A loan contract where one party lends money to another with interest and security



  • A partnership contract where two or more parties agree to contribute money, property or industry to a common fund for the purpose of engaging in a business



  • An employment contract where one party hires another to perform a certain work for a certain compensation



What are the sources of obligations and contracts?




The sources of obligations and contracts are the following:


  • Law - This refers to the rules and regulations enacted by the legislative authority or recognized by the courts as binding and enforceable. For example, the Civil Code, the Family Code, the Labor Code, etc.



  • Contracts - This refers to the agreements voluntarily entered into by the parties that create, modify or extinguish obligations. For example, a sale contract, a lease contract, a loan contract, etc.



  • Quasi-contracts - This refers to the lawful and voluntary acts of a person that give rise to an obligation on the part of another who benefits from them. For example, negotiorum gestio (management of another's affairs without his knowledge or consent) and solutio indebiti (payment of what is not due).



  • Delicts - This refers to the acts or omissions that are punishable by law and that give rise to civil liability. For example, murder, theft, fraud, etc.



  • Quasi-delicts - This refers to the acts or omissions that cause damage to another through fault or negligence and that give rise to civil liability. For example, vehicular accidents, medical malpractice, defamation, etc.



What are the different kinds of obligations?




Obligations may be classified according to different criteria. Some of the common classifications are:


  • Pure and conditional - A pure obligation is one that is not subject to any condition or term. It is immediately demandable and enforceable. A conditional obligation is one that is subject to a future and uncertain event. It is not demandable or enforceable until the condition happens or does not happen.



  • With a period or term - A period or term is a future and certain event that affects the exigibility or extinguishment of an obligation. An obligation with a period is one that becomes due and demandable upon the arrival of the period. An obligation subject to a resolutory period is one that is extinguished upon the arrival of the period.



  • Alternative and facultative - An alternative obligation is one where the debtor has the right to choose among two or more prestations which one he will perform. A facultative obligation is one where only one prestation has been agreed upon but the debtor may substitute it with another.



  • Joint and solidary - A joint obligation is one where there are two or more debtors or creditors and each one is liable or entitled only for his proportionate share of the obligation. A solidary obligation is one where there are two or more debtors or creditors and each one is liable or entitled for the whole obligation.



  • Divisible and indivisible - A divisible obligation is one that can be performed partially without altering its substance or value. An indivisible obligation is one that cannot be performed partially without altering its substance or value.



  • With a penal clause - A penal clause is an accessory stipulation whereby the parties agree on a penalty in case of breach of the principal obligation. The penalty may consist in a fixed amount of money, a percentage of the value of the obligation, forfeiture of something given as security, etc.



What are the modes of extinguishing obligations?




The modes of extinguishing obligations are:


  • Payment or performance - This is the fulfillment of the prestation that constitutes the object of the obligation. It may consist in giving something, doing something or not doing something.



  • Loss of the thing due - This is the destruction, disappearance or impossibility of giving or delivering the thing that is the object of the obligation without fault on the part of the debtor.



  • Condonation or remission - This is the voluntary renunciation by the creditor of his right to demand payment from the debtor.



  • Confusion or merger - This is This is the continuation of the article: - The cause is his acceptance of the donation.



What are the interpretation rules for contracts?




The interpretation rules for contracts are the principles or guidelines that are used to ascertain the meaning of a written contract. The interpretation rules for contracts are:


  • Intent of the parties prevails over literal meaning - The primary rule of contract interpretation is to give effect to the intention of the parties as expressed in their contract. If the words of the contract are clear and unambiguous, they will be given their natural and ordinary meaning. However, if the words are obscure or susceptible of more than one meaning, the court will consider the context and circumstances surrounding the contract to determine what the parties really meant.



  • Harmonious construction - The contract must be interpreted as a whole and its clauses must be construed in relation to each other. The court will avoid an interpretation that will render any part of the contract meaningless, absurd or contradictory.



  • Usage and custom - The court will take into account the usage and custom prevailing at the time and place of contracting, as well as the trade or industry involved, to interpret any technical terms or expressions that are not defined in the contract.



  • Contra proferentem - This is a rule of last resort that applies when there is still doubt or ambiguity after applying all other rules of interpretation. The rule provides that any doubt or ambiguity will be resolved against the party who drafted or proposed the contract or clause in question.



What are the different stages of a contract?




A contract undergoes three stages in its life cycle: preparation or negotiation, perfection or birth, and consummation or death. The stages of a contract are:


  • Preparation or negotiation - This is the stage where the parties discuss and agree on the terms and conditions of their contract. This may involve making offers and counter-offers, bargaining, compromising, etc. This stage ends when a meeting of minds or consent is reached by the parties.



  • Perfection or birth - This is the stage where the contract becomes valid and binding upon the parties. This happens when all the essential requisites of a contract are present: consent, object and cause. For some contracts, this may also require compliance with certain formalities or solemnities.



  • Consummation or death - This is the stage where the contract is fully performed or executed by both parties according to their obligations. This may also involve fulfilling any accessory stipulations or conditions. This stage ends when all rights and obligations arising from the contract are extinguished.



What are the classifications of contracts according to their nature?




The classifications of contracts according to their nature are:


  • Principal and accessory - A principal contract is one that can stand on its own and does not depend on another contract for its existence or validity. For example, a contract of sale. An accessory contract is one that depends on another contract for its existence or validity. For example, a contract of pledge.



  • Preparatory and principal - A preparatory contract is one that serves as a means to an end or a preliminary step to another contract. For example, a contract of agency. A principal contract is one that serves as an end in itself or a final step to another contract. For example, a contract of sale.



  • Unilateral and bilateral - A unilateral contract is one where only one party assumes an obligation towards another. For example, a contract of donation. A bilateral contract is one where both parties assume reciprocal obligations towards each other. For example, a contract of sale.



  • Onerous and gratuitous - An onerous contract is one where each party expects to receive a benefit or advantage in exchange for his obligation. For example, a contract of lease. A gratuitous contract is one where only one party benefits from This is the continuation of the article: - The contract and the other does not expect anything in return. For example, a contract of commodatum.



Conclusion: Summary and main points of the article




In this article, we have given you an overview of what the book Law on Obligations and Contracts by Hector de Leon is about and why it is important. We have also discussed some of the essential topics and concepts related to obligations and contracts in Philippine civil law, such as:


  • The definition and examples of obligations and contracts



  • The sources of obligations and contracts



  • The different kinds of obligations



  • The modes of extinguishing obligations



  • The effects of breach of obligations



  • The general provisions on contracts



  • The different kinds of contracts



  • The vices of consent



  • The effects of contracts against public policy



  • The requisites of a valid object of a contract



  • The different kinds of causes of a contract



  • The interpretation rules for contracts



  • The different stages of a contract



  • The classifications of contracts according to their nature



We hope that this article has been informative and helpful for you. If you want to learn more about obligations and contracts, we recommend that you read the book Law on Obligations and Contracts by Hector de Leon. This book is one of the most widely used references by law students and practitioners alike. It covers all the essential topics and concepts related to obligations and contracts in a clear and concise manner.


FAQs: Frequently asked questions about the book and the topic




Here are some frequently asked questions about the book Law on Obligations and Contracts by Hector de Leon and the topic of obligations and contracts:


  • Where can I get a free pdf copy of the book?



You can try searching online for a free pdf copy of the book, but be careful of possible viruses or malware that may harm your device. You can also check if your local library has a copy that you can borrow or access online. Alternatively, you can buy a hard copy or an ebook version from reputable online or physical bookstores.


  • What are some examples of quasi-contracts?



Quasi-contracts are lawful and voluntary acts of a person that give rise to an obligation on the part of another who benefits from them. Some examples are:


  • Negotiorum gestio - This is when a person voluntarily takes charge of another's abandoned business or property without his knowledge or consent. The person who manages the business or property has the right to be reimbursed for his expenses and to retain the thing until he is paid.



  • Solutio indebiti - This is when a person receives something that he has no right to demand or accept. The person who receives the thing has the obligation to return it to the one who delivered it by mistake.



  • What are some examples of delicts?



Delicts are acts or omissions that are punishable by law and that give rise to civil liability. Some examples are:


  • Murder - This is when a person kills another with malice aforethought.



  • Theft - This is when a person takes another's movable property without his consent and with intent to gain.



  • Fraud - This is when a person deceives another with false representations or concealment of material facts to induce him to part with his money or property.



  • This is the continuation of the article: What are some examples of quasi-delicts?



Quasi-delicts are acts or omissions that cause damage to another through fault or negligence and that give rise to civil liability. Some examples are:


  • Vehicular accidents - This is when a person causes injury or damage to another by driving recklessly or negligently.



  • Medical malpractice - This is when a doctor or a health care provider causes harm to a patient by deviating from the standard of care.



  • Defamation - This is when a person makes a false and malicious statement that injures the reputation of another.



  • What are some examples of principal and accessory contracts?



Principal and accessory contracts are contracts that depend on each other for their existence or validity. A principal contract is one that can stand on its own and does not depend on another contract. An accessory contract is one that depends on another contract for its existence or validity. Some examples are:


  • Contract of pledge - This is an accessory contract where a debtor delivers a movable thing to a creditor as a security for a debt. The principal contract is the loan contract between the debtor and the creditor.



  • Contract of suretyship - This is an accessory contract where a third person binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter fails to do so. The principal contract is the obligation of the principal debtor to the creditor.



  • Contract of agency - This is a preparatory contract where a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. The principal contract is the contract between the principal and the third party that the agent facilitates or concludes.



  • What are some examples of contract of agency?



A contract of agency is a preparatory contract where a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. Some examples are:


  • A real estate broker who acts as an agent for a seller or a buyer of a property



  • A travel agent who acts as an agent for an airline or a hotel



  • A lawyer who acts as an agent for a client in a legal matter




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