Chapter 2 Nature And Effects Of Obligations

Question 1

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.

Answer 1

1163

Question 2

1163

Answer 2

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

Question 3

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.

Answer 3

1164

Question 4

1164

Answer 4

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.

Question 5

• right pertaining to person over a
  specific thing, without a passive subject individually
  determined against whom such right may be personally
  enforced.
• a right enforceable against the whole world

Answer 5

Real Right

Question 6

– a 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.
- a right enforceable only against a definite person or
group of persons.

Answer 6

Personal right

Question 7

spontaneous products of the soil, the
young and other products of animals

Answer 7

Natural Fruit

Question 8

produced by lands of any cultivation
or labor

Answer 8

Industrial fruit

Question 9

those derived by virtue of juridical relation.

Answer 9

Civil fruit

Question 10

When what is to be delivered is a determinate
thing, the creditor … may compel the debtor to make
delivery. If the thing is indeterminate or generic, he
may ask that the obligation be complied with at the
expense of the debtor. If the obligor delays or has
promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be
responsible for any fortuitous event until he has
effected the delivery.

Answer 10

1165

Question 11

1165

Answer 11

When what is to be delivered is a determinate
thing, the creditor … may compel the debtor to make
delivery. If the thing is indeterminate or generic, he
may ask that the obligation be complied with at the
expense of the debtor. If the obligor delays or has
promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be
responsible for any fortuitous event until he has
effected the delivery.

Question 12

 something which is susceptible of particular
designation or specification;
 obligation is extinguished if the thing is lost due to
fortuitous events.

Answer 12

Specific/determinate thing

Question 13

 something that has reference only to a class or
genus;
 obligation to deliver is not so extinguished by
fortuitous events.

Answer 13

Generic/ indeterminate thing

Question 14

REMEDIES FOR FAILURE OF DELIVERY (determinate thing)

Answer 14

1. Complaint for specific performance – an action to
   compel the fulfillment of the obligation.
2. Complaint for rescission of the obligation – action to
   rescind
3. Complaint for damages – action to claim for
   compensation of damages suffered

Question 15

The obligation to give a determinate thing
includes that of delivering all its accessions and accessories, even though they may not have been
mentioned.

Answer 15

1166

Question 16

1166

Answer 16

The obligation to give a determinate thing
includes that of delivering all its accessions and accessories, even though they may not have been
mentioned.

Question 17

fruits of the thing or additions to or
improvements upon the principal  those which are naturally or artificially attached to the
thing

Answer 17

Accession

Question 18

things included with the principal for the
latter’s embellishment, better use, or completion

Answer 18

Accessories

Question 19

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
tenor of the obligation … it may be decreed that what
has been poorly done be undone.

Answer 19

1167

Question 20

1167

Answer 20

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
tenor of the obligation … it may be decreed that what
has been poorly done be undone.

Question 21

When the obligation consists in NOT DOING and
the obligor does what has been forbidden him, it shall
also be undone at his expense.

Answer 21

1168

Question 22

1168

Answer 22

When the obligation consists in NOT DOING and
the obligor does what has been forbidden him, it shall
also be undone at his expense.

Question 23

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.
However, the demand by the creditor shall not be
necessary in order that delay may exists:
 When the law or obligation so expressly declares;
 When from the nature of the contract, time us the
essence and motivating factor for its
establishment;
 When demand would be useless (prestation is
impossible);
 In reciprocal obligations, from the moment one of
the parties fulfills his obligation;
 When the debtor admits he is in default

Answer 23

1169

Question 24

1169

Answer 24

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.
However, the demand by the creditor shall not be
necessary in order that delay may exists:
 When the law or obligation so expressly declares;
 When from the nature of the contract, time us the
essence and motivating factor for its
establishment;
 When demand would be useless (prestation is
impossible);
 In reciprocal obligations, from the moment one of
the parties fulfills his obligation;
 When the debtor admits he is in default

Question 25

delay on the part of the debtor to fulfill his obligation

Answer 25

MORA SOLVENDI

Question 26

delay on the part of the creditor to accept the performance of the obligation;

Answer 26

MORA ACCIPIENDI

Question 27

delay of the obligors in reciprocal obligation. Effect: the default of one compensates the default of the other; their respective liabilities shall be offset equitable.

Answer 27

COMPENSATIO MORAE

Question 28

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.

Answer 28

1170

Question 29

1170

Answer 29

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.

Question 30

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

Answer 30

1171

Question 31

1171

Answer 31

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

Question 32

committed in the performance of an obligation already existing because of a contract.

Answer 32

Incidental fraud

Question 33

employed in the execution of contract in order to secure consent; remedy is annulment bec of vitiation of consent

Answer 33

Casual fraud

Question 34

Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to circumstances.

Answer 34

1172

Question 35

1172

Answer 35

Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to circumstances.

Question 36

The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of he time and of the place… If the law or contract does not state the diligence which is to be observed in the performance, that which is expected if a good father of a family shall be required.

Answer 36

1173

Question 37

1173

Answer 37

The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of he time and of the place… If the law or contract does not state the diligence which is to be observed in the performance, that which is expected if a good father of a family shall be required.

Question 38

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, or which, though foreseen, were inevitable.

Answer 38

1174

Question 39

1174

Answer 39

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, or which, though foreseen, were inevitable.

Question 40

an occurrence or happening which could not be foreseen or even if foreseen, is inevitable; absolutely independent of human intervention; act of God.

Answer 40

Fortuitous event

Question 41

an event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention.

Answer 41

Force Majeure

Question 42

Usurious transactions shall be governed by special laws.

Answer 42

1175

Question 43

1175

Answer 43

Usurious transactions shall be governed by special laws.

Question 44

contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, etc.

Answer 44

Usury

Question 45

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.

Answer 45

Simple loan

Question 46

makes the usurers criminally liable if the interest charged on loans are more that the limit prescribed by law

Answer 46

Usury law

Question 47

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. The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid.

Answer 47

1176

Question 48

1176

Answer 48

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. The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid.

Question 49

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.

Answer 49

1177

Question 50

1177

Answer 50

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.

Question 51

Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. EXCEPTIONS: a) Those not transmissible by their nature like purely personal rights; b) Those not transmissible by provision of law; c) Those not transmissible by stipulation of parties.

Answer 51

1178

Question 52

1178

Answer 52

Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. EXCEPTIONS: a) Those not transmissible by their nature like purely personal rights; b) Those not transmissible by provision of law; c) Those not transmissible by stipulation of parties.