Course Description
Chapter I. Modalities of obligations.
1. Obligations in relation to their binding: the natural and civil obligations.
2. Obligations in relation to the individuals: conjoint and jointly liable obligations.
3. Obligations in relation to the object. Pecuniary, interest and compensation obligations.
Chapter II Transfer of obligations.
1. Transfer of credit. Sub-rogation.
2. Individual transfer of debts.
3. Cession of the contractual position.
Chapter III General security of obligations.
1. Scope.
2. Protection of patrimonial guarantees. Void contracts. Sub-rogation of the creditor to the debtor. Actio pauliana. Seizure of assets.
Chapter IV. Special security of obligations.
1. Personal and real securities.
2. Bail.
3. Real securities.
4. Bond.
Chapter V. Performance and non performance of obligations.
1. Performance. Performance and principle of good faith. Timeliness of obligations. Who can perform and to whom can the obligation be performed. Place and deadline of the performance. Allocation and evidence of performance.
2. Non performance. Impossibility and delay not imputable to the debtor. Impossibility and delay imputable to the debtor.
3. Defective performance.
4. Contractual regulation of the rights of the creditor. Penalty clause.
5. Forced execution of the credit. Action to enforce the performance, specific performance, performance by equivalent.
6. Cession of assets to the creditors.
7. Delay of the creditor.
Chapter VI. Causes of extinction of obligations besides the performance.
Chapter VII. Special contracts.
1. Contracts regulated and not regulated in the law.
2. Mixed contracts and contracts related.
3. Contracts regulated in the Civil Code.
4. Gaming and betting. General and special features of gaming and betting.
Intended Learning Outcomes
CILO-1: Students will be able to explain the study of obligations general theory, and in special issues as transfer, security, and performance and non-performance of obligations.
CILO-2: Students will be able to identify the limits to enforcing contracts and issues excusing contractual performance.
CILO-3: Students will be able to identify a range of available remedies for contractual breaches.