ARTICLES Flashcards
An Obligation is a juridical necessity to give, to do or not to do. (n)
ARTICLE 1156
Obligations arise from:
ARTICLE 1157.
Obligations derived from law are not presumed. Only those expressly determined in this code or in special laws are demandable and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)
ARTICLE 1158
Obligations arising from contracts have the fore of law between the contracting parties and should be complied with in good faith
ARTICLE 1159
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this Book. (n)
ARTICLE 1160
Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177 and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relation, and of Title XVII of this Book, regulating damages.
ARTICLE 1161
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws
ARTICLE 1162
Every person obliged to give something is also obliged to take care of it with the proper diligence of a food father of a family, unless the law or the stipulation of the parties requires another standard of care.
ARTICLE 1163
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him
ARTICLE 1164
when what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery
ARTICLE 1165
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
ARTICLE 1166.
If a person obliged to do somethings fails to do it, the same shall be executed at his cost.
ARTICLE 1167
When the obligation consists in not doing, and the obligor does not what has been forbidden him, it shall also be undone at his expense.
ARTICLE 1168
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.
ARTICLE 1169.
Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages.
ARTICLE 1170.