NATURE AND EFFECT OF OBLIGATION

Question 1

when it is particularly
designated or physically segregated from all other of the same class. (Art. 1460)

Answer 1

A thing is determinate

Question 2

when it is not particularly designated or physically segregated from all other of the same class.

Answer 2

A thing is indeterminate or generic

Question 3

Importance of knowing whether a thing is determinate or generic

Answer 3

As a rule, the loss of a determinate thing
through a fortuitous event extinguishes the obligation.
(Art. 1262

Question 4

the ordinary care that an average person exercises in taking care of his property.

Answer 4

Diligence of a good father of a family

Question 5

1) To take good care of the thing with the diligence of a good father of a family unless the law or agreement of the parties
requires another standard of care. (Art. 1163)
2) To deliver the thing. (Art. 1163)
3) To deliver the fruits of the thing (Art. 1164
4) To deliver its accessions and accessories even of they have
not been mentioned. (Art. 1166)

Answer 5

Obligation of one obliged to give a determinate thing

Question 6

a. Kinds of Fruits

Answer 6

1. Natural fruits
2. Industrial fruits
3. Civil fruits

Question 7

they are the spontaneous products of the soil and the
young and other product of animals. (Art.
442)

Answer 7

Natural fruits

Question 8

they refer to those produced by land of any kind through cultivation or labor. (Art. 442)

Answer 8

Industrial fruits

Question 9

they refer to fruits which the
result of a juridical relation such as the rent of a building, price of lease of land and other property and the amount of perpetual or life annuities. (Art. 442)

Answer 9

Civil fruits

Question 10

When creditor has a right to the fruits of a determinate thing.

Answer 10

the creditor has the right to the fruits of a thing from the time the obligation to deliver it arises. However, he shall acquire no right over it until the thing has been delivered to him. (Art. 1164)

Question 11

i. If the obligation is a pure obligation or one whose performance is not subject to a suspensive period or suspensive condition, the obligation to deliver arises
from perfection.

ii. If the obligation is subject to suspensive period or suspensive condition, the obligation to deliver arises upon the arrival of the term or upon the fulfillment of the condition.

Answer 11

When the obligation to deliver the thing arises

Question 12

the right that may be enforced by one person on another,such as the right of the creditor to demand the delivery of the things and its fruit from the debtor. This is also called jus in personam or jus ad rem.

Answer 12

Personal right(jus in personam or jus ad rem)

Question 13

this refers to the right or
power over a specific thing, such as possession or ownership, which is a right
enforceable against the whole world. This is the right acquired by the creditor over
the thing and its fruit when they have been delivered to him. This is also called jus in
re.

Answer 13

Real Right (jus in re)

Question 14

They include everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially, (Art. 440)

Answer 14

Accessions

Question 15

Those joined to or included with principal thing for the latter’s better use, perfection
or enjoyment (such as the keys to a car or a house, or the bracelet of a wristwatch)

Answer 15

Accessories

Question 16

Grounds for liability to pay damages

Answer 16

1. Fraud
2. Negligence
3. Delay
4. Contravention of the tenor of the obligation. (Art. 1170)

Question 17

refers to the harm done and the sum of money that may be recovered in reparation for the
harm done.

Answer 17

Damages

Question 18

Kind of Damages

Answer 18

Kinds of damages
a. Actual or compensatory damages
b. Moral damages
c. Nominal damages
d. Temperate or moderate damages
e. Liquidated damages
f. Exemplary or corrective damages

Question 19

These refers to the pecuniary loss, (such as loss in business or profession) that may be recovered. It includes value of the loss suffered and profits realized. (Art. 2199)

Answer 19

Actual or compensatory damages

Question 20

They include physical
suffering, mental anguish, fright, serious anxiety, social humiliation and similar injury,
(Art. 2217)

Answer 20

Moral damages

Question 21

They refer to damages to
vindicate a right. (Art. 2221)

Answer 21

Nominal damages

Question 22

They are more than nominal but less that compensatory
damages, but may be recovered is the courts
finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty. (Art.2224)

Answer 22

Temperate or moderate damages

Question 23

Those agreed upon by
the parties to a contract, to be paid in case of breach. (Art. 2226)

Answer 23

Liquidated damages

Question 24

These are imposed by way of example or correction for public good, in addition to the moral, temperate, liquidated or compensatory damages. (Art. 2229

Answer 24

Exemplary or corrective damages

Question 25

proof is required unless
provided by law or stipulation. (Art. 2199)

Answer 25

Actual damages

Question 26

the deliberate or intentional evasion by the debtor of the normal compliance of his obligation. Under Art. 1170, this actually refers to the fraud committed by the debtor at the time of the performance of his obligation.

Answer 26

Fraud

Question 27

Kinds of fraud in general

Answer 27

i. Causal fraud or dolo causent
ii. Incidental fraud or dolo incidente

Question 28

This refers to fraud without which consent would not have been given. It renders the contract voidable.

Answer 28

Causal fraud or dolo causent

Question 29

This refers to fraud without which consent would have still been given but the person given it would have agreed on different terms. The contract is valid but the party employing it shall be liable for damages.

Answer 29

Incidental fraud or dolo incidente

Question 30

It is the omission of that diligence which is
required by the nature of the obligation and corresponds
with the circumstances of the person, of the time and of
the place. (Art. 1173). I

Answer 30

Negligence

Question 31

This is negligence in the performance of a contract (such as negligence committed by the driver of a bus when a passanger is hurt during a trip because there is here a breach of contract of carriage)

Answer 31

Culpa contractual (contractual negligence)

Question 32

Thse are acts or omissions that cause damage to
another, there being no contractual relation
between the parties (Art. 2176)

Answer 32

Culpa aquiliana (civil negligence or tort or
quasi delict or culpa exra-contractual)a aquilliana

Question 33

This negligence that results in the commission of a
crime

Answer 33

Culpa criminal (criminal negligence)

Question 34

the nonfulfillment of an obligation with respect to time.

Answer 34

Delay or default or mora

Question 35

Kinds of delay

Answer 35

a. Mora solvendi
b. Mora accipiendi
c. Compensation morae

Question 36

Delay on the part of the debtor

Answer 36

Mora solvendi

Question 37

*Mora solvendi

Delay in real obligations
(obligations to give)

Answer 37

Ex re

Question 38

*Mora solvendi

Delay in personal obligations
(obligations to do)

Answer 38

Ex die

Question 39

Delay on the part of the
creditor. This exist when the creditor refuses to
accept the thing due without justifiable reason.

Answer 39

Mora accipiendi

Question 40

Delay in reciprocal
obligations, both parties are in default. Here, it
is as if there is no delay.

Answer 40

Compensation morae

Question 41

Requisites of delay

Answer 41

a. That the obligation be demandable and already liquidated.
b. The debtor does not perform the obligation.
c. The creditor demands the performance either judicially or extra-judicially.
d. The debtor fails to comply with such demand.

Question 42

General rule in delay

Answer 42

No demand, no delay

Question 43

Exceptions: delay will exist even without demand in the
following cases (Art. 1169)

Answer 43

a. When the law so provides
b. When the obligation expressly so declares
c. When time is of essence of the contract
d. When demand would be useless
e. In reciprocal obligations, where the obligation arise out of the same cause and must be fulfilled at the same time, from the moment one of the parties
fulfills his obligation, delay by the other begins not withstanding the absence of demand.

Question 44

a. On the part of the debtor

i. The debtor shall be liable for the payment of damages. (Art. 1170)

ii. If the obligation consists in the delivery of a determinate thing, he shall be responsible for any fortuitous event until he has effected the
delivery. (Art. 1165)

b. On the part of the creditor

i. He shall bear the risk of loss and shoulder the expenses for the preservation of the thing.

ii. The debtor may resort to the
consignation of the thing due. (Art.
1258)

Answer 44

Effects of delay

Question 45

are those events that could
not be foreseen, or which, though foreseen, are
inevitable. (Art. 1174). It is not enough that the event
should not be one impossible to foresee or avoid

Answer 45

Fortuitous Event

Question 46

Elements of fortuitous events

Answer 46

a. That cause must be independent of the
debtor’s will.
b. There must be impossibility of foreseeing the
event or of avoiding it even if it can be
foreseen.
c. The occurrence of the event must be of such
character as to render it impossible for the
debtor to perform his obligation in a normal
manner.

Question 47

Liability for fortuitous events

General Rule:

Answer 47

No person shall be liable for fortuitous events, his obligation will be extinguished

Question 48

General rules