Loss Of The Thing Due

Question 1

When a thing considered lost.

Answer 1

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

Question 2

Rule for Loss of the determinate thing due

Answer 2

ART. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the as- sumption of risk.

Question 3

When loss of thing will extinguish an obligation to give.

Answer 3

(1) The obligation is to deliver a specific or determinate thing;
2) The loss of the thing occurs without the fault of the debtor;
3) The debtor is not guilty of delay.

Question 4

When loss of thing will not extinguish liability.

Answer 4

(1) when the law so provides (Arts. 1170, 1165[par. 3], ‘ 1263.);
(2) when the stipulation so provides;
(3) when the nature of the obligation requires the assumption of
risk (par. 2; see Art. 1174.); and
(4) when the obligation to deliver a specific thing arises from a crime. (see Art. 1268.)

Question 5

Effect of loss of a generic thing.

Answer 5

ART. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extin- guish the obligation.

It is based on the principle that a generic thing never perishes (genus nunquam perit).

Question 6

Facts: D obtained loans from C secured by a chattel mortgage on the standing crops of the land owned by him. These crops were lost or destroyed through enemy action during the war.
Issue: Is D’s obligation to pay the loans extinguished?

Question 7

Rules for partial lost of the thing due

Answer 7

Article 1264. The courts shall determine whether under the circumstances, the partial loss of the object of the obligation is so important as to extinguished the obligation

Question 8

When is there partial loss?

Answer 8

Sphere is partial loss when only a portion of the things is lost or destroyed ow when it suffers depreciation or deterioration

Question 9

Presumption of fault in case of loss thing in possession of the debtor

Answer 9

Article 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of Article 1165. This presumption Dow not apply in case of earthquake, food, storm or other natural calamity

Question 10

Effect of impossibility of performance

Answer 10

Article 1266. The debtor in obligations to do shall also be released when the pre station becomes legally or physically impossible without the fault for he obligor

Question 11

What are the kinds of impossibility

Answer 11

1. Physical impossibility _ when the personal qualifications of the obligor are involved, physical impossibility takes place when for example the obligor dies of become incapacitate
2. Legal impossibility occurs when the obligation cannot be performed because it is rendered impossible by provision of law, although physically it may be possible of performance

Question 12

Effect of difficulty of performance

Answer 12

Article 1267. When the service has become so difficult as to be manifestly beyond contemplation of the parties, the obligatory may also be released therefrom in whole or in part part

Question 13

General rule for loss of the thing due