Obligaciones Usmp 2011 II Parte 2 (1)

April 24, 2019 | Author: JuanManuelMoreSilva | Category: Payments, Social Institutions, Sociedad, Civil
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obligaciones derecho civil...

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Universidad San Martín de Porres

Facultad de Derecho DERECHO CIVIL IV: OLI!"CIO#ES

S$%ti&o Ciclo '()) II* +urno #oche Parte ' Prof. Magíster Elizabeth Amado Ramírez 

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OLI!"CIO#ES DE O,E+O PLUR"L O COMPUES+O El deudor tiene dos o &-s %restaciones .ue cu&%lir/ o entre varias/ ele0ir una de ellas/ o de cu&%lir la o1li0aci2n con otra %revia&ente acordada3  +ene&os: con4untas o con4untivas 5 

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OLI!"CIO#ES "L+ER#"+IV"S El deudor cu&%le con la o1li0aci2n con cual.uiera de las %restaciones .ue tiene %ara entre0ar/ reali9ar o a1stenerse3 a1 stenerse3  La elecci2n es lo .ue le da el car-cter alternativo3 

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C"R"C+ERIS+IC"S DE L"S OLI!"CIO#ES "L+ER#"+IV"S  





O14eto %lural o co&%uesto3 Las %restaciones %ueden ser la &is&a o di8erente naturale9a/ %ueden ser de dar/ hacer o no hacer3 +ienen un vínculo 4urídico nico/ se%arados %or la dis7untiva ;O C3C3 La o1li0aci2n se considera si&%le/ si todas las %restaciones/ salvo una de ellas/ son nulas o i&%osi1les de cu&%lirse %or causas no i&%uta1les a las %artes3  Se %roduce la concreci2n o concentraci2n 

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CO#VERSIO# E# SIMPLE Las

o1li0aciones

con

%restaciones

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+EORI"S SORE SU #"+UR"LE@" 

+eoría

Unitaria:

ha7

una

nica

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OLI!"CIO#ES F"CUL+"+IV"S 

Se de1e una sola %restaci2n/ %ero el deudor tiene el

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C"R"C+ERIS+IC"S DE L"S OLI!"CIO#ES F"CUL+"+IV"S )3 Unidad de o14eto de1ido/ %ero tiene una %luralidad de

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CO#VERSIO# E# SIMPLE* "R+3 ))>( CC 

Cuando la %restaci2n accesoria deviene en

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DUD" DE L" PRES+"CIO#:

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C"R"C+ERIS+IC"S )3 '3 3

Es un acto unilateral/ e&ana de la voluntad del deudor3 Es irrevoca1le/ no %uede ser de4ado sin e8ecto3 Es declarativo 7 no constitutivo de la

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REJUISI+OS La declaraci2n de voluntad del su4eto: discerni&iento/ intenci2n 7 li1ertad3  El su4eto de1e ser ca%a93  El o14eto ha de ser lícito3  La voluntad de1e eAteriori9arse/ &ediante 

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EFEC+OS DEL RECO#OCIMIE#+O RECO#OCIMIE#+O DE OLI!"CIO#ES Co&%ro1atorios e interru%tivos de la %rescri%ci2n3  )3 Medio de %rue1a .ue acredita la eAistencia de la o1li0aci2n 7 8aculta al acreedor a e4ercer los &edios le0ales3 

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+R"#SMISIO# DE L"S OLI!"CIO#ES 

Fen2&eno 4urídico .ue se %resenta cuando tiene lu0ar una sustituci2n en la %ersona del acreedor o del deudor sie&%re .ue la causa de eses 8en2&eno se relacione con la %ersona del su4eto .ue

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PRI#CIPIO DE +R"#SMISIILID"D Una o1li0aci2n es tras&isi1le/ cuando tiene la a%titud de ser sustituida en al0uno de sus ele&entos %ersonales o su4etos/ sin alteraci2n de su sustancia3  +odos los derechos 7 o1li0aciones son trans&isi1les3 E4: la &uerte3 

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L" CESIO# DE DERECHOS 

En el Derecho Ro&ano/ se ace%t2 la trans&isi2n de

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ELEME#+OS DE L" CESIO# DE DERECHOS 

CO#SE#+IMIE#+O

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SU,E+OS E# L" SESIO# DE DERECHOS 

CEDE#+E

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FORM" DE L" CESIO# DE DERECHOS 

Es un acto 8or&al3

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C"R"C+ERIS+IC"S DE L" CESIO# DE DERECHOS 

CO#SE#SU"L: se %er8ecciona con el consenti&iento

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