art. 1171-1190 Flashcards
ART. 1168.
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a)
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a)
ART. 1168.
explain ART. 1168 and give an examples
- the duty of the obligor is to abstain from an act.
- no specific performance.
- the debtor cannot be guilty of delay. (Art. 1169.)
- the remedy of the obligee is the undoing of the forbidden thing plus damages. (Art. 1170.)
- if it is not possible to undo what was done, either: physically or legally, or because of the rights acquired by third persons who acted in good faith, or for some other reason, his remedy is an action for damages caused by the debtor’s violation of his obligation. (see 8 Manresa 58.)
example:
S sold a land to B. It was stipulated that S would not construct a fence on a certain portion of his land adjoining that sold to B. Should S construct a fence in violation of the agreement, B can have the fence removed at the expense of S.
ART. 1169.
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extra-judicialy demands from them the fulfillment of their obligation.
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extra-judicialy demands from them the fulfillment of their obligation.
ART. 1169.
explain ART. 1169 and give an examples
- the demand by the creditor shall not be necessary in order that delay may exist:
(1) When the obligation or the law expressly so declares; or
(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfi lls his obligation, delay by the other begins. (1100a)
delay is merely the failure to perform an obligation on time.
Ordinary delay
is the failure to perform an obligation on time which failure, constitutes a breach of the obligation.
Legal delay or default or mora
Kinds of delay (mora)
