Chapter 2 Flashcards
What is ART 1163
- Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
a good father does not abandon his family, he is always ready to provide and protect his family; ordinary care which an average and reasonably prudent man would do.
DILIGENCE OF A GOOD FATHER
right pertaining to person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced.
REAL RIGHT
right pertaining to a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.
PERSONAL RIGHT
something which is susceptible of particular designation or specification; obligation is extinguished if the thing is lost due to fortuitous events.
DETERMINATE THING
something that has reference only to a class or genus; obligation to deliver is not so extinguished by fortuitous events.
INDETERMINATE THING
Three Types of Fruits
Natural, Industrial, and Civil
spontaneous products of the soil, the young and other products of animals;
NATURAL
produced by lands of any cultivation or labor;
INDUSTRIAL
those derived by virtue of juridical relation
CIVIL
fruits of the thing or additions to or improvements upon the principal those which are naturally or artificially attached to the thing
ACCESSIONS
things included with the principal for the latter’s embellishment, better use, or completion
ACCESSORIES
mere failure to perform an obligation at the appointed time.
ORDINARY DELAY
tantamount to non-fulfillment of the obligation and arises after an extrajudicial or judicial demand was made upon the debtor.
LEGAL DELAY (DEFAULT)
Kinds of Default
Mora Solvendi, Mora Accipiendi, and Compensatio Morae
delay on the part of the debtor to fulfill his obligation;
MORA SOLVENDI
delay on the part of the creditor to accept the performance of the obligation;
MORA ACCIPIENDI
delay of the obligors in reciprocal obligation.
COMPENSATIO MORAE
Four Grounds of Liability
- Fraud
- Negligence
- Delay
- Contravention of the terms of the obligation
deliberate intentional evasion of the faithful fulfillment of an obligation;
FRAUD (dolo) –
voluntary act or omission of diligence, there being no malice, which prevents the normal fulfillment of an obligation;
NEGLIGENCE (culpa or fault) –
default or tardiness in the performance of an obligation after it has been due and demandable;
DELAY (mora)
Two types of Fraud
Incidental and Causal
committed in the performance of an obligation already existing because of a contract.
INCIDENTAL FRAUD
employed in the execution of contract in order to secure consent; remedy is annulment bec of vitiation of consent.
CAUSAL FRAUD
Three Types of Negligence
- Contractual Negligence
- Civil Negligence
- Criminal Negligence
Negligence in contractsresulting in their breach
Contractual Negligence (Culpa Contractal)
negligence by which by itself is the source of an obligation between the parties not so related before by pre-existin contract
Civil Negligence ( Culpa Aquiliana)
committed in the performance of an obligation already existing because of a contract.
Criminal Negligence (Culpa Criminal)
the attention and care required of a person in a given situation and is opposite of negligence.
DILIGENCE
an occurrence or happening which could not be foreseen or even if foreseen, is inevitable; absolutely independent of human intervention; act of God.
FORTUITOUS EVENT
an event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention.
FORCE MAJEURE
those events which are common and which the contracting parties could reasonabl foresee
Ordinary Fortuitous Events
Those events which are uncommon and which the contracting parties could not have reasonably foreseen
Extra-Ordinary Fortuitous Events
contracting for or receiving interest in excess of the
amount allowed by law for the loan or use of money, goods,
etc.
USURY
one of the parties delivers to another, money or other consumable thing upon the condition that the same amount of the same kind and quality shall be paid.
SIMPLE LOAN
makes the usurers criminally liable if the interest charged on loans are more that the limit prescribed by law.
USURY LAW
