Chapter 2 Flashcards
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.
are particularly designated or physically segregate others of the same class. Identified by its individuality.
Specific or determinate thing
refers only to a class or genus to which it pertains and cannot be pointed out with particularity
Generic or indeterminate thing
Duty of the debtor in obligation to give a DETERMINATE thing
- preserve the thing
- deliver the fruits of the thing
- deliver the accession and accessories of the thing
- deliver the thing itself
- answer for damages in case of non-fulfillment or breach
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
Kinds of fruits
- Natural
- Industrial
- Civil
spontaneous products of the soil, and the young and other product of animals.
Natural fruits
those produced by lands of any kind through cultivation or labor.
Industrial fruits
those produced by lands of any kind through cultivation or labor.
Civil fruits
right or power of a person (creditor) to demand from another (debtor) as a definite passive subject the fulfillment of the latter’s obligation to give, to do, or not to do.
Personal right
right or interest of a person over a specific thing (ownership, possession, mortgage) without a definite passive subject against whom the right may be personally enforced
Real right
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.
are the fruits of a thing or additions to or improvements upon a thing (the principal)
Ex: house, trees of a land
Accessions
things joined to or included with the principal thing for the latter’s embellishment, better use, or completion.
Ex: key of a house, frame of a picture
Accessories
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.
is merely the failure to perform an obligation on time
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 or default
- Mora Solvendi
- Mora Accipiendi
- Compensatio Morae
delay on the part of the debtor to fulfill his obligation
Mora solvendi
delay in the part of the creditor to accept the performance of the obligation.
Mora accipiendi
delay of the obligors in reciprocal obligations (like in sale).
Compensatio morae
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.
Grounds for liability
- Fraud (deceit or dolo)
- Negligence (fault or culpa)
- Delay (Mora)
- Contravention of the terms of obligation
Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
ARTICLE 1171.
Responsibility arising from negligence in the performance of very kind of obligation is also demandable, but such liability may be regulated by the courts according to the circumstance.
ARTICLE 1172.
deliberate or intentional evasion of the normal fulfillment of an obligation.
fraud
Failure to observe for the protection of the interests of another person
negligence
violation of the terms and conditions stipulated in the obligation.
contravention of the terms of the obligation
Kinds of negligence
- Contractual negligence (culpa contractual)
- Civil negligence (culpa aquiliana)
- Criminal negligence (culpa criminal)
negligence in contracts resulting in their breach.
Contractual negligence
negligence by itself is the source of an obligation between the parties not so related before by any pre-existing contract
Civil negligence
negligence resulting in the commission of a crime
criminal negligence
The fault or negligence of the obligor consists in the omission of the diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.
ARTICLE 1173.
In determining the issue of negligence, the following factors must be considered
- Nature of the obligation
- Circumstances of the person
- Circumstances of time
- Circumstances of the place
Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk. No person shall be responsible for those events which could not be foreseen, were inevitable.
ARTICLE 1174.
Any event which cannot be foreseen, or which, though foreseen, in inevitable.
Fortuitous events
are an event independent of the will of the obligor but not of other human wills.
Ex: war, fire, robbery, murder, insurrection.
Acts of man
They refer to what is called majeure or those events which are totally independent will of every human being.
Ex: earthquake, flood, rain, shipwreck, lightning, eruption of volcano, etc.
Acts of God
events which are common and which the contracting parties could reasonably foresee.
Ordinary fortuitous events
events which are uncommon and which the contracting parties could not have reasonably foreseen
Extra-ordinary fortuitous events
Usurious transactions shall be governed by special laws. (n)
ARTICLE 1175.
A contract whereby one of the parties delivers to another, money or other consumable thing upon the condition that the same amount or the same kind and quality shall be paid
Simple loan or mutuum
Contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels or credits.
Usury
The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid
ARTICLE 1176.
is meant the inference of a fact not actually known arising from its usual connection with another which is known or proved.
Presumtion
one which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the laws.
conclusive presumption
one which can be contradicted or rebutted by presenting proof to the contrary, like the presumption established in Art. 1176.
Disputable or rebuttable presumption
The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.
ARTICLE 1177.
Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary
ARTICLE 1178.
prohibited by law like rights in partnerships, agency, and commodatum which are purely personal in character
Prohibited by law
like the death of the creditor, obligation shall be extinguished, or that the creditor cannot assign his credit to another.
Prohibited by stipulation of the parties
