NATURE AND EFFECT OF OBLIGATION Flashcards
when it is particularly
designated or physically segregated from all other of the same class. (Art. 1460)
A thing is determinate
when it is not particularly designated or physically segregated from all other of the same class.
A thing is indeterminate or generic
Importance of knowing whether a thing is determinate or generic
As a rule, the loss of a determinate thing
through a fortuitous event extinguishes the obligation.
(Art. 1262
the ordinary care that an average person exercises in taking care of his property.
Diligence of a good father of a family
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)
Obligation of one obliged to give a determinate thing
a. Kinds of Fruits
- Natural fruits
- Industrial fruits
- Civil fruits
they are the spontaneous products of the soil and the
young and other product of animals. (Art.
442)
Natural fruits
they refer to those produced by land of any kind through cultivation or labor. (Art. 442)
Industrial fruits
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)
Civil fruits
When creditor has a right to the fruits of a determinate thing.
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)
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.
When the obligation to deliver the thing arises
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.
Personal right(jus in personam or jus ad rem)
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.
Real Right (jus in re)
They include everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially, (Art. 440)
Accessions
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)
Accessories
Grounds for liability to pay damages
- Fraud
- Negligence
- Delay
- Contravention of the tenor of the obligation. (Art. 1170)
refers to the harm done and the sum of money that may be recovered in reparation for the
harm done.
Damages
Kind of Damages
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
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)
Actual or compensatory damages
They include physical
suffering, mental anguish, fright, serious anxiety, social humiliation and similar injury,
(Art. 2217)
Moral damages
They refer to damages to
vindicate a right. (Art. 2221)
Nominal damages
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)
Temperate or moderate damages
Those agreed upon by
the parties to a contract, to be paid in case of breach. (Art. 2226)
Liquidated damages
These are imposed by way of example or correction for public good, in addition to the moral, temperate, liquidated or compensatory damages. (Art. 2229
Exemplary or corrective damages
proof is required unless
provided by law or stipulation. (Art. 2199)
Actual damages
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.
Fraud
Kinds of fraud in general
i. Causal fraud or dolo causent
ii. Incidental fraud or dolo incidente
This refers to fraud without which consent would not have been given. It renders the contract voidable.
Causal fraud or dolo causent
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.
Incidental fraud or dolo incidente
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
Negligence
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)
Culpa contractual (contractual negligence)
Thse are acts or omissions that cause damage to
another, there being no contractual relation
between the parties (Art. 2176)
Culpa aquiliana (civil negligence or tort or
quasi delict or culpa exra-contractual)a aquilliana
This negligence that results in the commission of a
crime
Culpa criminal (criminal negligence)
the nonfulfillment of an obligation with respect to time.
Delay or default or mora
Kinds of delay
a. Mora solvendi
b. Mora accipiendi
c. Compensation morae
Delay on the part of the debtor
Mora solvendi
*Mora solvendi
Delay in real obligations
(obligations to give)
Ex re
*Mora solvendi
Delay in personal obligations
(obligations to do)
Ex die
Delay on the part of the
creditor. This exist when the creditor refuses to
accept the thing due without justifiable reason.
Mora accipiendi
Delay in reciprocal
obligations, both parties are in default. Here, it
is as if there is no delay.
Compensation morae
Requisites of delay
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.
General rule in delay
No demand, no delay
Exceptions: delay will exist even without demand in the
following cases (Art. 1169)
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.
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)
Effects of delay
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
Fortuitous Event
Elements of fortuitous events
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.
Liability for fortuitous events
General Rule:
No person shall be liable for fortuitous events, his obligation will be extinguished
General rules
