Minors Property Sale Voidable
Summary
Contracts by minors in the Philippines are generally voidable. Ced cannot annul the townhouse sale as the four-year period post-majority has expired. Natural obligations, like Shairas interest payment, are not enforceable by court action but cannot be reclaimed once voluntarily paid. Civil obligations are legally enforceable, unlike natural obligations, which are based on moral duties.Full Conversation
Shaira borrowed Php50,*.* from Nikka and orally promised to pay it within six months. When Shaira tried to pay her debt on the 8th month, Nikka demanded the payment of interest of 12y/o per annum because of Sara’s delay in payment. Shaira paid her debt and the interest claimed by Nikka. After rethinking, Shaira demanded back from Nikka the amount she had paid as interest. Nikka claims she has no obligation to return the interest paid by Shaira because it was a natural obligation which Shaira voluntarily performed and can no longer recover.
a. Is this correct? Explain.
In the Philippines, natural obligations are those that are not enforceable by court action but have a moral basis. Under Article * of the Civil Code, natural obligations do not grant a right of action to enforce their performance, but once voluntarily performed by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.
In Shaira's case, since the payment of interest was voluntarily made by her, it is considered a natural obligation. Once Shaira voluntarily paid the interest, she cannot demand its return. Nikka is correct in claiming that she has no obligation to return the interest.
Key points:
- Natural obligations are not enforceable by court action.
- Voluntary performance of a natural obligation means the payer cannot recover what has been paid.
Would you like more information on natural obligations?
In Shaira's case, since the payment of interest was voluntarily made by her, it is considered a natural obligation. Once Shaira voluntarily paid the interest, she cannot demand its return. Nikka is correct in claiming that she has no obligation to return the interest.
Key points:
- Natural obligations are not enforceable by court action.
- Voluntary performance of a natural obligation means the payer cannot recover what has been paid.
Would you like more information on natural obligations?
more information on natural obligation
Sure! Here are some additional details about natural obligations under Philippine law:
- Definition: Natural obligations arise from moral duties that are not legally enforceable but are based on equity and natural justice.
- Characteristics:
- Not enforceable by court action.
- They do not have a legal sanction for non-performance.
- Once voluntarily performed, the payer cannot reclaim what has been paid or delivered.
- Examples:
- Payment of a debt after it has prescribed.
- Performance of a duty that is legally unenforceable due to lack of formalities.
Would you like to know more about specific examples or related laws?
- Definition: Natural obligations arise from moral duties that are not legally enforceable but are based on equity and natural justice.
- Characteristics:
- Not enforceable by court action.
- They do not have a legal sanction for non-performance.
- Once voluntarily performed, the payer cannot reclaim what has been paid or delivered.
- Examples:
- Payment of a debt after it has prescribed.
- Performance of a duty that is legally unenforceable due to lack of formalities.
Would you like to know more about specific examples or related laws?
Shaira borrowed Php50,*.* from Nikka and orally promised to pay it within six months. When Shaira tried to pay her debt on the 8th month, Nikka demanded the payment of interest of 12y/o per annum because of Sara’s delay in payment. Shaira paid her debt and the interest claimed by Nikka. After rethinking, Shaira demanded back from Nikka the amount she had paid as interest. Nikka claims she has no obligation to return the interest paid by Shaira because it was a natural obligation which Shaira voluntarily performed and can no longer recover.
Case Rating: *
It appears that the core issue has been addressed, but if you need further clarification or assistance about natural obligations or any related legal matter, feel free to ask!
It appears that the core issue has been addressed, but if you need further clarification or assistance about natural obligations or any related legal matter, feel free to ask!
Shaira borrowed Php50,*.* from Nikka and orally promised to pay it within six months. When Shaira tried to pay her debt on the 8th month, Nikka demanded the payment of interest of 12y/o per annum because of Sara’s delay in payment. Shaira paid her debt and the interest claimed by Nikka. After rethinking, Shaira demanded back from Nikka the amount she had paid as interest. Nikka claims she has no obligation to return the interest paid by Shaira because it was a natural obligation which Shaira voluntarily performed and can no longer recover.
Case Rating: *
It seems like the main issue has been addressed. If you have any specific questions about natural obligations or any other legal matters, feel free to ask!
It seems like the main issue has been addressed. If you have any specific questions about natural obligations or any other legal matters, feel free to ask!
Shaira borrowed Php50,*.* from Nikka and orally promised to pay it within six months. When Shaira tried to pay her debt on the 8th month, Nikka demanded the payment of interest of 12y/o per annum because of Sara’s delay in payment. Shaira paid her debt and the interest claimed by Nikka. After rethinking, Shaira demanded back from Nikka the amount she had paid as interest. Nikka claims she has no obligation to return the interest paid by Shaira because it was a natural obligation which Shaira voluntarily performed and can no longer recover. Distinguish civil and natural obligations.
Case Rating: *
To distinguish civil and natural obligations:
- Civil Obligations:
- Enforceability: Legally enforceable by court action.
- Examples: Loans, contracts, and legally binding agreements.
- Remedies: Legal sanctions for non-performance.
- Natural Obligations:
- Enforceability: Not enforceable by court action.
- Examples: Moral duties, such as paying a prescribed debt.
- Remedies: No legal sanctions; but once voluntarily performed, the payer cannot reclaim what has been paid.
Would you like further information on any specific legal topic?
To distinguish civil and natural obligations:
- Civil Obligations:
- Enforceability: Legally enforceable by court action.
- Examples: Loans, contracts, and legally binding agreements.
- Remedies: Legal sanctions for non-performance.
- Natural Obligations:
- Enforceability: Not enforceable by court action.
- Examples: Moral duties, such as paying a prescribed debt.
- Remedies: No legal sanctions; but once voluntarily performed, the payer cannot reclaim what has been paid.
Would you like further information on any specific legal topic?