Law Articles

Question 1

Article 1156

Answer 1

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

Question 2

Article 1157

Answer 2

Obligations arise from

1) . Laws;
2) . Contracts;
3) . Quasi-Contracts;
4) . acts or omissions punished by law; and
5) . Quasi-delicts

Question 3

Article 1163

Answer 3

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 4

Article 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

Article 1165

Answer 5

When what is to be delivered is a determinate thing, the creditor, in addition to the right granted to him by Article 1170, may compel the debtor to make the delivery.

Question 6

Article 1158

Answer 6

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 foreseen, by the provisions of this Book.

Question 7

Article 1159

Answer 7

Obligations arising from contracts have the force of law

between the contracting parties and should be complied with in good faith.

Question 8

Article 1160

Answer 8

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

Question 9

Article 1161

Answer 9

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

Question 10

Article 1162

Answer 10

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

Question 11

Article 1166

Answer 11

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 12

Article 1167

Answer 12

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.

Question 13

Article 1168

Answer 13

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 14

Article 1169

Answer 14

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 exist:

(1) When the obligation or the law expressly so declare; or
(2) When from the nature and circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay
if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins.

Question 15

Article 1170

Answer 15

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 16

Article 1171

Answer 16

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

Question 17

Article 1172

Answer 17

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.

Question 18

Article 1173

Answer 18

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 persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

Question 19

Article 1174

Answer 19

Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation required the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.

Question 20

Article 1175

Answer 20

Usurious transactions shall be governed by special laws.

Question 21

Article 1176

Answer 21

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 22

Article 1177

Answer 22

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 23

Article 1178

Answer 23

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