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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

(a)Define an obligation under the Civil Code. Identify its essential elements and describe the debtor–creditor relationship created by the juridical tie. (b) Facts: Mario, a licensed architect, orally contracts with Nina to design and supervise the construction of Nina’s shop for PHP 1,000,000, to be paid in two equal installments. They do not sign any written contract. Nina pays PHP 200,000 upfront. Mario begins work but stops after 40 days, citing financial issues. Nina sues for completion of the design and supervision or for damages. Is there an enforceable obligation here? Explain why or why not, and what relief Nina may seek.

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Yes; The oral contract to design and supervise the construction constitutes a binding obligation to perform; the debtor–creditor relationship exists between Mario (debtor) and Nina (creditor); Nina may seek specific performance or damages. Yes; The contract is valid, but the client loses any right if the designer has already started, so the client can only sue for damages. Yes; The remedy is limited to damages because there is no written contract, and specific performance is not available for service contracts. No; An oral contract to perform services cannot create any enforceable obligation unless there is a written contract due to the Statute of Frauds.

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