Page 18 - Obligations & Contracts Module 1-2

IRREGULARITY OF PERFORMANCE/BREACH

B. Causes “Not Attributable” to Debtor

5. Accion pauliana

Requisites of Accion pauliana:

a. There is a credit in favor of plaintiff

b. The debtor has performed an act subsequent to the contract, giving

advantage to other persons

c. The creditor is prejudiced by the debtor's act which are in favor of 3rd

parties and rescission will benefit the creditor

d. The creditor has no other legal remedy

e. The debtor's acts are fraudulent

Different Kinds of Obligations as to Categories:

a. Demandability - pure, conditional or with a term

b. Plurality of object - simple, alternative or facultative

c. Plurality of subject - simple, joint or solidary

d. Performance - divisible or indivisible

e. Sanctions for breach - with or without a penal clause