What You Need to Know About Obligations and Contracts Pineda Pdf 24
Obligations And Contracts Pineda Pdf 24
If you are a law student or a practitioner who wants to learn more about obligations and contracts, you might be interested in reading a book by Ernesto L. Pineda, a renowned Filipino jurist and professor. In this article, we will tell you everything you need to know about Obligations And Contracts Pineda Pdf 24, including what it is, who wrote it, what it covers, why it is valuable, and how you can get it.
Obligations And Contracts Pineda Pdf 24
What are obligations and contracts?
Before we dive into the book, let us first review some basic concepts about obligations and contracts. According to Article 1156 of the Civil Code of the Philippines, an obligation is a juridical necessity to give, to do, or not to do. It is a legal relation whereby a person (creditor) may demand from another (debtor) the observance of a determinate conduct, and in case of breach, may demand satisfaction from the assets of the latter.
A contract, on the other hand, is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. It is a source of obligation that creates a vinculum juris or juridical tie between the parties. Contracts are classified into different types depending on their nature, form, cause, and effect.
Obligations and contracts are essential topics in civil law that govern the rights and duties of persons in their private transactions. They also have implications in other branches of law such as commercial law, labor law, family law, and criminal law.
Who is Ernesto L. Pineda?
Now that we have refreshed our memory on obligations and contracts, let us get to know the author of the book we are discussing. Ernesto L. Pineda is a distinguished Filipino lawyer, educator, author, and public servant. He obtained his Bachelor of Laws degree from the University of Santo Tomas in 1957 and passed the bar examination in 1958. He also earned his Master of Laws degree from the University of Michigan in 1963.
Pineda has been teaching law for more than six decades in various institutions such as the University of Santo Tomas, San Beda College of Law, Far Eastern University Institute of Law, Philippine Christian University School of Law, and Pamantasan ng Lungsod ng Maynila College of Law. He has also served as a dean, vice-dean, or consultant in some of these schools.
Pineda has written several books on different subjects of law such as persons and family relations, property, succession, torts and damages, legal ethics, judicial ethics, credit transactions and quasi-contracts, sales and other special contracts, partnership agency and trusts, legal separation in the Philippines, and obligations and contracts. He has also published articles in various law journals and magazines.
Pineda has also held various positions in the government such as assistant solicitor general, undersecretary of justice, commissioner of immigration and deportation, ```html What is the content of the book?
Obligations and Contracts by Ernesto L. Pineda is a comprehensive and updated guide on the principles and applications of obligations and contracts in Philippine law. It was first published in 2000 and has been revised and reprinted several times since then. The latest edition is the 24th edition, which was released in 2019.
The book consists of 16 chapters that cover the following topics:
Chapter 1: General Provisions - This chapter discusses the definition, elements, sources, classification, and effects of obligations.
Chapter 2: Nature and Effect of Obligations - This chapter explains the different kinds of obligations according to their object, subject matter, cause, and sanction.
Chapter 3: Different Kinds of Prestations - This chapter describes the various types of prestations or conduct that may be required of the debtor, such as giving, doing, or not doing something.
Chapter 4: Extinguishment of Obligations - This chapter enumerates the different modes of extinguishing obligations, such as payment or performance, loss of the thing due, condonation or remission, confusion or merger, compensation, novation, annulment, rescission, fulfillment of a resolutory condition, prescription, and others.
Chapter 5: Breach of Obligations - This chapter analyzes the concept and consequences of breach of obligations, such as delay or default, fraud or deceit, negligence or fault, contravention of the tenor of the obligation, and fortuitous event or force majeure.
Chapter 6: Legal Transactions - This chapter defines and classifies legal transactions, such as contracts, quasi-contracts, unilateral declarations of will, and management of another's affairs.
Chapter 7: Essential Requisites of Contracts - This chapter identifies and discusses the essential requisites of contracts, such as consent, object or subject matter, and cause or consideration.
Chapter 8: Form of Contracts - This chapter examines the form or manner of expressing consent in contracts, such as oral or written form, public instrument or private document, solemnities or formalities, and others.
Chapter 9: Interpretation of Contracts - This chapter provides the rules and principles for interpreting the meaning and intention of the parties in contracts.
Chapter 10: Reformation of Instruments - This chapter explains the grounds and procedure for reforming instruments that do not express the true agreement of the parties due to mistake, fraud, ```html What is the content of the book?
Obligations and Contracts by Ernesto L. Pineda is a comprehensive and updated guide on the principles and applications of obligations and contracts in Philippine law. It was first published in 2000 and has been revised and reprinted several times since then. The latest edition is the 24th edition, which was released in 2019.
The book consists of 16 chapters that cover the following topics:
Chapter 1: General Provisions - This chapter discusses the definition, elements, sources, classification, and effects of obligations.
Chapter 2: Nature and Effect of Obligations - This chapter explains the different kinds of obligations according to their object, subject matter, cause, and sanction.
Chapter 3: Different Kinds of Prestations - This chapter describes the various types of prestations or conduct that may be required of the debtor, such as giving, doing, or not doing something.
Chapter 4: Extinguishment of Obligations - This chapter enumerates the different modes of extinguishing obligations, such as payment or performance, loss of the thing due, condonation or remission, confusion or merger, compensation, novation, annulment, rescission, fulfillment of a resolutory condition, prescription, and others.
Chapter 5: Breach of Obligations - This chapter analyzes the concept and consequences of breach of obligations, such as delay or default, fraud or deceit, negligence or fault, contravention of the tenor of the obligation, and fortuitous event or force majeure.
Chapter 6: Legal Transactions - This chapter defines and classifies legal transactions, such as contracts, quasi-contracts, unilateral declarations of will, and management of another's affairs.
Chapter 7: Essential Requisites of Contracts - This chapter identifies and discusses the essential requisites of contracts, such as consent, object or subject matter, and cause or consideration.
Chapter 8: Form of Contracts - This chapter examines the form or manner of expressing consent in contracts, such as oral or written form, public instrument or private document, solemnities or formalities, and others.
Chapter 9: Interpretation of Contracts - This chapter provides the rules and principles for interpreting the meaning and intention of the parties in contracts.
Chapter 10: Reformation of Instruments - This chapter explains the grounds and procedure for reforming instruments that do not express the true agreement of the parties due to mistake, fraud, inadequate expression, or inequitable conduct.
Chapter 11: Voidable Contracts - This chapter discusses the characteristics and effects of voidable contracts, which are those that suffer from a defect or vice in their consent, such as error, violence, intimidation, undue influence, or fraud.
Chapter 12: Unenforceable Contracts - This chapter deals with the nature and consequences of unenforceable contracts, which are those that cannot be sued upon or enforced by a court action because they lack some legal requirements, such as authority, form, ratification, or capacity.
Chapter 13: Void or Inexistent Contracts - This chapter examines the features and implications of void or inexistent contracts, which are those that have no legal effect whatsoever because they are contrary to law, morals, good customs, public order, or public policy.
Chapter 14: Rescissible Contracts - This chapter explores the concept and grounds for rescission or resolution of contracts, which are those that may be set aside by reason of injury or damage to one of the parties or to a third person.
Chapter 15: Natural Obligations - This chapter defines and illustrates natural obligations, which are those that are based on equity and natural law but are not enforceable by court action because they do not comply with positive law.
Chapter 16: Estoppel - This chapter explains the doctrine and application of estoppel, which is a rule that prevents a person from denying or contradicting his own previous act or representation to the prejudice of another who relied on it in good faith.
Why is the book important and useful?
Obligations and Contracts by Ernesto L. Pineda is an important and useful book for several reasons. First, it provides a comprehensive and updated discussion of the principles and applications of obligations and contracts in Philippine law, which are essential topics for law students and practitioners. Second, it offers a clear and concise explanation of the concepts and terms used in obligations and contracts, which are often confusing and complex for beginners. Third, it cites relevant laws, jurisprudence, and examples to illustrate and support the points and arguments made in the book. Fourth, it includes review questions and answers at the end of each chapter to help the readers test their understanding and retention of the topics. Fifth, it has a user-friendly format and layout that makes it easy to read and follow.
How can you access the book?
If you are interested in reading Obligations and Contracts by Ernesto L. Pineda, you have several options and methods of obtaining the pdf file. One option is to buy the hard copy of the book from a bookstore or an online seller and scan it yourself. Another option is to borrow the book from a library or a friend and scan it yourself. A third option is to search for the pdf file online using a search engine or a file-sharing platform. However, you should be careful about the quality and legality of the pdf file you download, as some may be incomplete, corrupted, or pirated. A fourth option is to request the pdf file from the author or the publisher directly, if they have an email address or a website. However, you should be respectful and courteous in your request, as they may not be obliged or willing to share their work for free.
Conclusion
In conclusion, Obligations and Contracts by Ernesto L. Pineda is a comprehensive and updated guide on the principles and applications of obligations and contracts in Philippine law. It is written by a distinguished Filipino lawyer, educator, author, and public servant who has more than six decades of experience in teaching law. It covers 16 chapters that discuss the definition, elements, sources, classification, effects, extinguishment, breach, interpretation, reformation, validity, rescission, natural obligations, and estoppel of obligations and contracts. It also provides relevant laws, jurisprudence, examples, review questions, and answers to help the readers learn and understand the topics. It is an important and useful book for law students and practitioners who want to master obligations and contracts in Philippine law. It can be accessed through various options and methods of obtaining the pdf file, but one should be careful about the quality and legality of the file.
FAQs
What is the difference between an obligation and a contract?
An obligation is a juridical necessity to give, to do, or not to do, while a contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
What are the sources of obligations?
The sources of obligations are law, contracts, quasi-contracts, delicts, quasi-delicts, and other lawful voluntary acts.
What are the essential requisites of contracts?
The essential requisites of contracts are consent, object or subject matter, and cause or consideration.
What are the modes of extinguishing obligations?
The modes of extinguishing obligations are payment or performance, loss of the thing due, condonation or remission, confusion or merger, compensation, novation, annulment, rescission, fulfillment of a resolutory condition, prescription, and others.
What are the types of defective contracts?
The types of defective contracts are voidable contracts, unenforceable contracts, void or inexistent contracts, and rescissible contracts.
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