CH.4 SEC.2 LOSS OF THE THING DUE Flashcards
Art. 1262. An obligation which consists in the […] shall be extinguished if it should be lost or destroyed […], and before […].
When by […], the obligor is liable even for fortuitous events, the loss of the thing […], and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the […]
Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk.
What are the requisites in order for the loss of the thing due to extinguish the obligation to give?
The requisites in order to extinguish and obligation to give due to the loss of the thing due are:
(1) The obligation is to deliver a specific or determinate thing;
(2) The loss of the thing occurs without the fault of the debtor; and
(3) The debtor is not guilty of delay.
Art. 1263. In an obligation to deliver a […], the loss or destruction of anything of the same kind does not extinguish the obligation.
Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation.
Art. 1264. The courts shall determine whether under the circumstances, the […] is so important as to extinguish the obligation.
Art. 1264. The courts shall determine whether under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation.
What is the effect of a partial loss of a determinate thing?
The legal effect of a partial loss of a determinate thing is that it shall be upon the determination of the courts whether or not the partial loss is so important that it amounts to the extinguishment of the obligation. (Art. 1264) [provided that there is no delay, or fault]
Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that […], unless there is proof to the contrary, and without prejudice to the provisions of Article 1165. This presumption does not apply in case of […].
Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of Article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity.
What is the presumption in case a thing in the possession of the debtor is lost? What is the exception to this rule?
When a thing is lost in the possession of the debtor, the presumption is that it was lost due to his fault. The exceptions to the rule are in cases of: earthquake, flood, storm, or other natural calamity.
Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes[…].
Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor.
What are the two kinds of impossibility in obligations?
The two kinds of impossibility in obligations are: (1) physical impossibility; and (2) legal impossibility.
Art. 1267. When the service has service has become so difficult as […], the obligor may also be released therefrom, in whole or in part.
Art. 1267. When the service has service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part.
What is the extent of the difficulty as to release the obligor from the performance of the obligation?
The obligation has become manifestly difficult beyond the contemplation of the parties. (Art. 1267)
Art. 1268. When the debt of a thing certain and determinate proceeds from […], the debtor shall not be exempted from the payment of its price, […], unless the thing having been offered by him to the person who should receive it, […].
Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it.
In what instances of loss will the debtor still not be released from the obligation?
“The loss of the thing due shall not release the debtor when:
(1) The loss of the determinate thing was due to his fault or negligence;
(2) The loss of the determinate thing was due to a fortuitous event and the debtor has already incurred delay prior to the loss;
(3) The thing lost is a generic thing, regardless of w/n it was due to a fortuitous event;
(4) The obligation to deliver a determinate thing proceeds from a criminal offense;
(5) When the nature of the obligation requires the assumption of risk;
(6) When the parties stipulate; and
(7) When the law provides.”
Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have […].
Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of actions which the debtor may have against third persons by reason of the loss.
What is the legal effect when loss of the thing is due to the fault of a third person?
When the thing is lost due to the fault of a third person, the debtor is released from the obligation, and the creditor shall have all the rights which the debtor may have against the third person who had caused the loss. (Art. 1269)
