Obligations and Contracts

WHAT HAPPENED? CHOOSE YOUR NEXT STEP
• You need to know if a contract binds — Run the seven-step checklist to identify issues and records to review.
• The other party has not performed — Identify the breach, proof and possible remedy. Start with the breach guide.
• You suspect the agreement is defective — Distinguish the defect and its legal effect. Compare contract defects.
• You want to offer property for a debt — Clarify the proposed credit and release. Prepare the dation worksheet.

Use this hub to determine whether an agreement binds, what happens when a party fails to perform, how an obligation is paid or extinguished, and which remedy fits the dispute.

Start here: Is This Contract Binding? Checklist · Valid Contract · Breach, Proof and Remedies · Void vs Voidable vs Unenforceable · Breach of Contract vs Quasi-Delict

If the other party does not perform: Can I Cancel for Non-Performance? · What Counts as a Substantial Breach? · Article 1191 Resolution · Specific Performance vs Resolution · Can I Cancel Without Going to Court? · Do I Need a Demand Letter? · Mutual Restitution · Can I Recover My Down Payment? · Can I Recover Attorney’s Fees? · How Long Do I Have to File?

Lease and rental disputes: Lease problems are contract disputes with special Civil Code and ejectment rules. Start with Lease Law in the Philippines and the Lease and Rental Disputes hub. For breach and termination, see landlord early termination and tenant early departure. For payment and deposit issues, see nonpayment of rent, security-deposit deductions, and deposit return.

Advanced breach questions: Both Parties Breach — Article 1192 · Seller Forfeiture After Buyer Breach · Delay as Substantial Breach · Contractual Cure Periods · Interest on Refund After Resolution · Use of Property After Resolution · Remedies When Performance Becomes Impossible

Sales and buyer-seller disputes: Start with the Sales and Property Purchases hub. Quick links: Buyer Fails to Pay · Seller Fails to Deliver · Earnest vs Down Payment vs Option Money · Buyer Refund After Cancelled Sale · Late Payment and Cancellation · Force Seller to Deliver · Sale vs Contract to Sell · Cash vs Installment Sale · Contract to Sell Cancellation

Sales special rules: Article 1482 Earnest Money · Missed Installments · Maceda Law · Recto Law · Developer Refunds · Resale After Cancellation · Seller Sells Same Property Twice · Article 1544 Double Sale · Land Area Discrepancies · Risk of Loss Before Delivery

Breach, demand and default: Demand Letter · Delay or Default · Unpaid Debt · Force Majeure

EVIDENCE OF THE DEBT
• No written loan agreement? — Review verbal-loan evidence.
• Have a promissory note? — Check the note’s terms and supporting records.

FACING CREDIT-CARD COLLECTION
• Facing credit-card collection? — Start with the guide to checking the balance, demands, court papers and repayment options.

Payment: Valid Payment · Wrong Recipient · Application of Payments · Third-Party Payment · Tender and Consignation

Other ways obligations change or end: Dation in Payment · Compensation or Setoff · Novation · Remission · Joint vs Solidary

Interest and penalties: Legal Interest · Excessive Interest · Penalty Clauses

Contract remedies and damages: Choose a Remedy · Specific Performance · Article 1191 Resolution · Actual Damages · Temperate Damages · How Damages Are Calculated · Liquidated Damages · Mitigation · Attorney’s Fees · Prescription

Ending or challenging a contract: Rescission vs Resolution · Cancelling After Signing · Oral Agreements

Statutory basis: Civil Code, Book IV (Articles 1156–2141), read with applicable special laws. See Book IV — Obligations and Contracts.Property contracts: For title, ownership and due-diligence questions that sit behind a sale or contract dispute, use the Property and Ownership hub, How to Verify a Land Title, and the Deed of Sale Checklist.

Quick answers: See the Obligations and Contracts FAQ for short, cited answers to the most common questions in this hub.