Article 1167 Flashcards
If a person obliged to do something fails to do it, the same shall be executed at his cost.
This same rule shall be observed if he does it in contravention of the tneor of the obligation. Futhrermore, it may be decreed that what has been poorly done be undone
Article 1176
Article 1167 contemplates 3 situations namely;
1) The debtor fails to perform an obligation to do
2) The debtor performs an obligation to od but contrary to the therms thereof
3) The debtor performs an obligation to do but in poor manner
If the debtor fails to comply with his obligation to do, the _____
the creditor has the right to;
a) have the obligation performed by himself
b) to recover damages
c) In the case of the obligation being poorly done, it may be ordered that i be undone if it is still possible to undo what was done.
Performance by a third person talks about 2 things
1) Compelling perfomance by debtor prohibited
2) Indemnificaiton of crediot for damages
3)
Article 1167 is about
Remedies of creditor in positive personal obligation and performance by a 3rd person