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Obligations and Contracts > Codal provisions > Flashcards

Codal provisions Flashcards

1
Q

ARTICLE 1156

A

An obligation is a juridical necessity to give,
to do or not to do. (n)

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2
Q

ART. 1157.

A

Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.

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3
Q

ART. 1158.

A

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 fore-
seen, by the provisions of this Book.

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4
Q

ART. 1159.

A

Obligations arising from contracts have the force
of law between the contracting parties and should be complied
with in good faith.

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5
Q

ART. 1160.

A

Obligations derived from quasi-contracts shall
be subject to the provisions of Chapter 1, Title XVII, of this
Book.

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6
Q

ART. 1161.

A

Civil obligations arising from criminal offenses
shall be governed by the penal laws,14 subject to the provisions
of Article 2177,15 and of the pertinent provisions of Chapter 2,
Preliminary Title on Human Relations,16 and of Title XVIII of this
Book, regulating damages.

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7
Q

ART. 1162.

A

Obligations derived from quasi-delicts shall be
governed by the provisions of Chapter 2, Title XVII of this Book,
and by special laws.

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8
Q

ART. 1163.

A

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.

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9
Q

ART. 1165.

A

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.
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 inter-
est, he shall be responsible for any fortuitous event until he has

effected the delivery.

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10
Q

ART. 1167.

A

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. Furthermore, it may be
decreed that what has been poorly done be undone.

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11
Q

ART. 1168.

A

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

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12
Q

ART. 1170.

A

Those who in the performance of their obliga-
tions are guilty of fraud, negligence, or delay, and those who

in any manner contravene the tenor thereof, are liable for dam-
ages.

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13
Q

ART. 1171.

A

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

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14
Q

ART. 1172.

A

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 the
circumstances.

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15
Q

ART. 1173.

A

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 the time and of the place. When negligence shows
bad faith, the provisions of Articles 1171 and 2201, paragraph 2,
shall apply.
If the law or contract does not state the diligence which is
to be observed in the performance, that which is expected of a
good father of a family shall be required.

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16
Q

ART. 1174.

A

Except in cases expressly specifi ed by the law,

or when it is otherwise declared by stipulation, or when the na-
ture of the obligation requires the assumption of risk, no person

shall be responsible for those events which could not be fore-
seen, or which, though foreseen, were inevitable.

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17
Q

ART. 1175.

A

Usurious transactions shall be governed by
special laws.

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18
Q

ART. 1176.

A

The receipt of the principal by the creditor, with-
out 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 reserva-
tion as to prior installments, shall likewise raise the presump-
tion that such installments have been paid.

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19
Q

ART. 1177.

A

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 mayalso impugn the acts which the debtor may have done to defraud them.

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20
Q

ART. 1178.

A

Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.

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21
Q

ART. 1179.

A

Every obligation whose performance does not
depend upon a future or uncertain event, or upon a past event
unknown to the parties, is demandable at once.
Every obligation which contains a resolutory condition
shall also be demandable, without prejudice to the effects of
the happening of the event.

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22
Q

ART. 1180.

A

When the debtor binds himself to pay when his
means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197.

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23
Q

ART. 1181.

A

In conditional obligations, the acquisition of
rights, as well as the extinguishment or loss of those already
acquired, shall depend upon the happening of the event which
constitutes the condition.

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24
Q

ART. 1182.

A

When the fulfi llment of the condition depends
upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.

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25
Q

ART. 1183.

A

Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation
is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon.

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26
Q

ART. 1184.

A

The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not
take place.

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27
Q

ART. 1185.

A

The condition that some event will not happen at a determinate time shall render the obligation effective from
the moment the time indicated has elapsed, or if it has become evident that the event cannot occur.
If no time has been fi xed, the condition shall be deemed
fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation.

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28
Q

ART. 1186.

A

The condition shall be deemed fulfi lled when the
obligor voluntarily prevents its fulfi llment.

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29
Q

ART. 1187.

A

The effects of a conditional obligation to give,
once the condition has been fulfi lled, shall retroact to the day
of the constitution of the obligation. Nevertheless, when the
obligation imposes reciprocal prestations upon the parties, the
fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different.

In obligations to do and not to do, the courts shall deter-
mine, in each case, the retroactive effect of the condition that
has been complied with.

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30
Q

ART. 1188.

A

The creditor may, before the fulfi llment of the
condition, bring the appropriate actions for the preservation of
his right.
The debtor may recover what during the same time he has
paid by mistake in case of a suspensive condition.

31
Q

ART. 1189.

A

When the conditions have been imposed with
the intention of suspending the effi cacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, the
obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he
shall be obliged to pay damages; it is understood that the thing
is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
(3) When the thing deteriorates without the fault of the
debtor, the impairment is to be borne by the creditor;
(4) If it deteriorates through the fault of the debtor, the
creditor may choose between the rescission of the obligation
and its fulfillment, with indemnity for damages in either case;
(5) If the thing is improved by its nature, or by time, the
improvement shall inure to the benefit of the creditor;
(6) If it is improved at the expense of the debtor, he shall
have no other right than that granted to the usufructuary.

32
Q

ART. 1190.

A

When the conditions have for their purpose the
extinguishment of an obligation to give, the parties upon the
fulfillment of said conditions, shall return to each other what
they have received.
In case of the loss, deterioration or improvement of the
thing, the provisions which, with respect to the debtor, are laid
down in the preceding article shall be applied to the party who
is bound to return.
As for obligations to do and not to do, the provisions of the
second paragraph of Article 1187 shall be observed as regards
the effect of the extinguishment of the obligation.

33
Q
A

ART. 1191. The power to rescind obligations is implied in
reciprocal ones, in case one of the obligors should not comply
with what is incumbent upon him.
The injured party may choose between the fulfillment and
the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has
chosen fulfi llment, if the latter should become impossible.
The court shall decree the rescission claimed, unless there
be just cause authorizing the fi xing of a period.
This is understood to be without prejudice to the rights of
third persons who have acquired the thing, in accordance with
Articles 1385 and 1388 and the Mortgage Law.

34
Q

ART. 1192.

A

In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of
the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages.

35
Q

ART. 1193.

A

Obligations for whose fulfi llment a day certain
has been fi xed, shall be demandable only when that day comes.
Obligations with a resolutory period take effect at once, but
terminate upon arrival of the day certain.

A day certain is understood to be that which must neces-
sarily come, although it may not be known when.

If the uncertainty consists in whether the day will come or
not, the obligation is conditional, and it shall be regulated by
the rules of the preceding Section.

36
Q

ART. 1194.

A

In case of loss, deterioration or improvement of
the thing before the arrival of the day certain, the rules in Article
1189 shall be observed.

37
Q

ART. 1195.

A

Anything paid or delivered before the arrival of
the period, the obligor being unaware of the period or believing
that the obligation has become due and demandable, may be
recovered, with the fruits and interests.

38
Q

ART. 1196.

A

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the
same or other circumstances it should appear that the period
has been established in favor of one or of the other.

39
Q

ART. 1197.

A

If the obligation does not fi x a period, but from
its nature and the circumstances it can be inferred that a period
was intended, the courts may fi x the duration thereof.
The courts shall also fi x the duration of the period when it
depends upon the will of the debtor.
In every case, the courts shall determine such period as

may under the circumstances have been probably contemplat-
ed by the parties. Once fi xed by the courts, the period cannot be

changed by them.

40
Q

ART. 1198.

A

The debtor shall lose every right to make use of
the period:

(1) When after the obligation has been contracted, he be-
comes insolvent, unless he gives a guaranty or security for the

debt;
(2) When he does not furnish to the creditor the guaranties
or securities which he has promised;
(3) When by his own acts he has impaired said guaranties

or securities after their establishment, and when through a for-
tuitous event they disappear, unless he immediately gives new

ones equally satisfactory;

(4) When the debtor violates any undertaking, in consider-
ation of which the creditor agreed to the period;

(5) When the debtor attempts to abscond.

41
Q

ART. 1199.

A

A person alternatively bound by different presta-
tions shall completely perform one of them.

The creditor cannot be compelled to receive part of one and
part of the other undertaking.

42
Q

ART. 1200.

A

The right of choice belongs to the debtor, unless
it has been expressly granted to the creditor.
The debtor shall have no right to choose those prestations
which are impossible, unlawful or which could not have been
the object of the obligation.

43
Q

ART. 1201.

A

The choice shall produce no effect except from
the time it has been communicated.

44
Q

ART. 1202.

A

The debtor shall lose the right of choice when
among the prestations whereby he is alternatively bound, only
one is practicable.

45
Q

ART. 1203.

A

If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.

46
Q

ART. 1204.

A

The creditor shall have a right to indemnity for
damages when, through the fault of the debtor, all the things
which are alternatively the object of the obligation have been

lost, or the compliance of the obligation has become impos-
sible.

The indemnity shall be fi xed taking as a basis the value of
the last thing which disappeared, or that of the service which
last became impossible.
Damages other than the value of the last thing or service
may also be awarded.

47
Q

ART. 1205

A

. When the choice has been expressly given to
the creditor, the obligation shall cease to be alternative from the
day when the selection has been communicated to the debtor.
Until then the responsibility of the debtor shall be governed
by the following rules:
(1) If one of the things is lost through a fortuitous event, he

shall perform the obligation by delivering that which the credi-
tor should choose from among the remainder, or that which re-
mains if only one subsists;

(2) If the loss of one of the things occurs through the fault
of the debtor, the creditor may claim any of those subsisting,
or the price of that which, through the fault of the former, has
disappeared, with a right to damages;
(3) If all the things are lost through the fault of the debtor,
the choice by the creditor shall fall upon the price of any one of
them, also with indemnity for damages.
The same rules shall be applied to obligations to do or not
to do in case one, some or all of the prestations should become
impossible.

48
Q

ART. 1206.

A

When only one prestation has been agreed
upon, but the obligor may render another in substitution, the
obligation is called facultative.

The loss or deterioration of the thing intended as a substi-
tute, through the negligence of the obligor, does not render him

liable. But once the substitution has been made, the obligor is

liable for the loss of the substitute on account of his delay, neg-
ligence or fraud.

49
Q

ART. 1207.

A

The concurrence of two or more creditors or of
two or more debtors in one and the same obligation does not
imply that each one of the former has a right to demand, or that
each one of the latter is bound to render, entire compliance with

the prestations. There is a solidary liability only when the obli-
gation expressly so states, or when the law or the nature of the

obligation requires solidarity.

50
Q

ART. 1208

A

. If from the law, or the nature or the wording of

the obligations to which the preceding article refers the con-
trary does not appear, the credit or debt shall be presumed to

be divided into as many equal shares as there are creditors or
debtors, the credits or debts being considered distinct from one
another, subject to the Rules of Court governing the multiplicity
of suits.

51
Q

ART. 1209

A

. If the division is impossible, the right of the cred-
itors may be prejudiced only by their collective acts, and the

debt can be enforced only by proceeding against all the debt-
ors. If one of the latter should be insolvent, the others shall not

be liable for his share.

52
Q

ART. 1210.

A

The indivisibility of an obligation does not nec-
essarily give rise to solidarity. Nor does solidarity of itself imply

indivisibility.

53
Q

ART. 1211.

A

Solidarity may exist although the creditors and
the debtors may not be bound in the same manner and by the
same periods and conditions.

54
Q

ART. 1212.

A

Each one of the solidary creditors may do what-
ever may be useful to the others, but not anything which may be

prejudicial to the latter.

55
Q

ART. 1213.

A

A solidary creditor cannot assign his rights with-
out the consent of the others.

56
Q

ART. 1214.

A

The debtor may pay any one of the solidary cred-
itors; but if any demand, judicial or extrajudicial, has been made

by one of them, payment should be made to him.

57
Q

ART. 1215.

A

Novation, compensation, confusion or remis-
sion of the debt, made by any of the solidary creditors or with

any of the solidary debtors, shall extinguish the obligation,
without prejudice to the provisions of Article 1219.
The creditor who may have executed any of these acts, as
well as he who collects the debt, shall be liable to the others for
the share in the obligation corresponding to them.

58
Q

ART. 1216.

A

The creditor may proceed against any one of
the solidary debtors or some or all of them simultaneously. The
demand made against one of them shall not be an obstacle to
those which may subsequently be directed against the others,
so long as the debt has not been fully collected.

59
Q
A

ART. 1217. Payment made by one of the solidary debtors

extinguishes the obligation. If two or more solidary debtors of-
fer to pay, the creditor may choose which offer to accept.

He who made the payment may claim from his co-debtors
only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the

debt is due, no interest for the intervening period may be de-
manded.

When one of the solidary debtors cannot, because of his

insolvency, reimburse his share to the debtor paying the obliga-
tion, such share shall be borne by all his co-debtors, in propor-
tion to the debt of each.

60
Q

ART. 1218

A

. Payment by a solidary debtor shall not entitle
him to reimbursement from his co-debtors if such payment is
made after the obligation has prescribed or become illegal.

61
Q

ART. 1219.

A

The remission made by the creditor of the share
which affects one of the solidary debtors does not release the
latter from his responsibility towards the co-debtors, in case
the debt had been totally paid by anyone of them before the
remission was effected.

62
Q

ART. 1220.

A

The remission of the whole obligation, obtained

by one of the solidary debtors, does not entitle him to reim-
bursement from his co-debtors.

63
Q

ART. 1221

A

. If the thing has been lost or if the prestation has
become impossible without the fault of the solidary debtors, the
obligation shall be extinguished.
If there was fault on the part of any one of them, all shall
be responsible to the creditor, for the price and the payment of
damages and interest, without prejudice to their action against
the guilty or negligent debtor.

If through a fortuitous event, the thing is lost or the perfor-
mance has become impossible after one of the solidary debtors

has incurred in delay through the judicial or extra-judicial de-
mand upon him by the creditor, the provisions of the preceding

paragraph shall apply.

64
Q

ART. 1222

A

. A solidary debtor may, in actions fi led by the
creditor, avail himself of all defenses which are derived from the
nature of the obligation and of those which are personal to him,

or pertain to his own share. With respect to those which person-
ally belong to the others, he may avail himself thereof only as

regards that part of the debt for which the latter are responsible.

65
Q

ART. 1223.

A

The divisibility or indivisibility of the things that
are the object of obligations in which there is only one debtor
and only one creditor does not alter or modify the provisions of
Chapter 2 of this Title.

66
Q

ART. 1224

A

. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists.

67
Q

ART. 1225.

A

For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible.

When the obligation has for its object the execution of a
certain number of days of work, the accomplishment of work
by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.

However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.

In obligations not to do, divisibility or indivisibility shall be
determined by the character of the prestation in each particular
case.

68
Q

ART. 1226.

A

In obligations with a penal clause, the penalty
shall substitute the indemnity for damages and the payment of
interests in case of noncompliance, if there is no stipulation to
the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
The penalty may be enforced only when it is demandable in
accordance with the provisions of this Code.

69
Q

ART. 1227.

A

The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this
right has been clearly granted him. However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced.

70
Q

ART. 1228.

A

Proof of actual damages suffered by the creditor
is not necessary in order that the penalty may be demanded.

71
Q

ART. 1229.

A

The judge shall equitably reduce the penalty
when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable.

72
Q

ART. 1230.

A

The nullity of the penal clause does not carry
with it that of the principal obligation.
The nullity of the principal obligation carries with it that of
the penal clause.

73
Q

Article 1169

A

Those obliged to deliver or do something incur delay from the time the obligee judicially or extrajudicially demands from them the fulfilment of their obligation.

Obligations and Contracts (24 decks)

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