Quick Answer: What Are The Requisites Of Legal Compensation?

What is Republic No 386?

386.

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES.

PRELIMINARY TITLE.

CHAPTER 1.

Effect and Application of Laws..

What are the elements or requisites in order that a person may acquire a right of action?

In order that one may claim to have a cause of action, the following elements must concur: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) an act or omission on …

What are the 3 types of damages?

The three types of damages that form the foundation of most civil lawsuits are compensatory, nominal, and punitive.

What is facultative compensation?

2. Legal compensation – when it takes place by operation of law even without the knowledge of the parties. 3. Facultative compensation – when it can be set up only by one of the parties.

What is novation in law?

A novation is an agreement made between two contracting parties to allow for the substitution of a new party for an existing one. … Both original contracting parties must agree to the novation.

What is a facultative obligation?

acultative obligation refers to a type of obligation where one thing is due, but another is paid in its place. In such type of obligations there is no alternative provided. The debtor is given the right to substitute the thing due with another that is not due.

Compensation law is designed to assist the recovery of those who have suffered injury, damage and / or loss arising from various circumstances by reimbursing expenses, providing medical services and care and / or awarding monetary sums.

What are the requisites of Novation?

In every novation there are four essential requisites: (1) a previous valid obligation; (2) the agreement of all the parties to the new contract; (3) the extinguishment of the old contract; and (4) validity of the new one.

What is difference between confusion and compensation?

A compensation as distinguished from a confusion: a compensation requires two persons to be mutually debtor and creditor each other, while a confusion requires only one person to be both the debtor and creditor. a compensation covers two obligations, while a confusion covers only one obligation.

What is the objective of Novation?

Civil Code. CC 1881 — Objective novation. Novation takes place when, by agreement of the parties, a new performance is substituted for that previously owed, or a new cause is substituted for that of the original obligation.

What is conventional compensation?

c. Conventional compensationis a compensation wherein the parties agree to compensate their mutual obligations even if some requisite is lacking. … Judicial compensationis a compensation decreed by the court in a case where there is a counterclaim.

Can compensation take place even when the debt is not yet due?

Compensation? Legal compensation cannot take place as the requirement that the debts must be liquidated and demandable is not present. One of the debts is not yet liquidated for there is a running interest still to be paid thereon.

Is D legally justified to refuse to pay C?

Is D legally justified torefuse to pay C? No, because when D loaned from C, he entered a voluntary agreement and he was willing and the contract is valid.

What are the types of novation?

There are three different ways to make a novation, which result in three different types:The first scenario does not involve any new person or parties. … The second scenario requires the intervention of a new party for the debtor. … The third and final type of novation occurs when a new creditor replaces the old one.

What compensation means?

Compensation is the total cash and non-cash payments that you give to an employee in exchange for the work they do for your business. … Compensation is more than an employee’s regular paid wages. It also includes many other types of wages and benefits. Types of compensation include: Base pay (hourly or salary wages)