Nature and Effect of Obligation Flashcards
what is ARTICLE 1167?
. If a person obliged to do something
fails to do it, the same shall be executed at his cost.
Particularly designated or physically
segregated from others of the same class.
- Identified by its individuality.
Specific or determinate thing
When a thing refers only to a class or genus
to which it pertains and cannot be pointed
out with particularity.
- Identified only by its specie
. Generic or indeterminate thing
BREACHES OF OBLIGATIONS
delay, fraud, negligence, contravention of tenor
- Failure to perform an obligation on
time which constitutes a breach of the
obligation.
Delay
the deliberate or intentional evasion of
the normal fulfillment of an obligation.
Fraud
the omission of that
negligence which is required by the nature of
the obligation and corresponds with the
circumstances of the per
Negligence (Culpa)
cover any illicit act
which impairs the strict and faithful
fulfillment of the obligation.
Contravention of tenor
KINDS OF DELAY
mora solvendi, mora accipiendi, compensatio morae
delay on part of the debtor to
fulfill his obligation either to give (ex re) or to
do (ex persona).
Mora Solvendi-
delay on the part of the
creditor to accept the performance of the
obligation.
Mora Accipiendi
delay of both parties
in reciprocal obligations.
Compensatio Morae
effects of delay (mora solvendi)
- The debtor is liable for damages
- For determinate objects, the debtor shall
bear the risk of loss, even if the loss is due to
fortuitous events.
effects of delay (mora accipiendi)
- The responsibility of the debtor is reduced to
fraud and gross negligence. - The debtor is exempted from risk of loss of
the thing, which is borne by the creditor. - The expenses incurred by the debtor for the
preservation of the thing after the mora shall
be chargeable to the creditor. - If the obligation bears interest, the debtor
does not have to pay from the time of delay. - The creditor is liable for damages.
- The debtor may relieve himself of the
obligation by consigning the thing.
effects of delay (Compensatio Morae)
- Delay of the obligor cancels delay of obligee
(and vice versa) hence it is as if there is no
default. - 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.
general rule when demand is not necessary
General Rule: Delay by the debtor begins only from
the moment a demand, judicial or extrajudicial, for
the fulfillment of the former’s obligation is made by
the creditor.
This is the General Rule: Delay by the debtor begins only from
the moment a demand, judicial or extrajudicial, for
the fulfillment of the former’s obligation is made by
the creditor.
what are the exceptions?
- The obligation so provides
- The law so provides
- Time is of the essence
- Demand would be useless
- Performance in reciprocal obligations
TYPES OF FRAUD (DOLO)
dolo causante, dolo incidente
Those deceptions or
misrepresentations of a serious character
employed by one party and without which the
other party would not have entered into the
contract.
Dolo Causante
- Those which are not serious
in character and without which the other
party would still have entered into the
contract.
Dolo Incidente
A________is void, as being
against the law and public policy. But waiver of action
for past fraud is valid.
waiver of future fraud
KINDS OF NEGLIGENCE (CULPA)
culpa contractual, culpa aquiliana
- Negligence is merely
incidental in the performance of an
obligation. There is always a pre- existing
contractual relation.
Culpa Contractual
- Negligence is direct,
substantive and independent. There may or
may not be a pre- existing contractual
obligation.
Culpa Aquiliana
“Whether or not the defendant, in doing the
alleged negligent act, observed the reasonable care
and caution, which an ordinary and prudent person
would have used in the same situation.” If not, then
he is guilty of negligence.
TEST OF NEGLIGENCE
means any illicit act, which impairs the strict
and faithful fulfillment of the obligation, or
every kind of defective performance.
CONTRAVENTION OF THE TENOR
Any event which cannot be foreseen, or
which, though foreseen, is inevitable.
- An event which is either impossible to foresee
or impossible to avoid.
- May either be an act of man or an act of God.
FORTUITOUS EVENT
. Except in cases expressly specified by the
law, or when it is otherwise declared by stipulation,
or when the nature of the obligation requires the
assumption of risk, no person shall be responsible for
those events which could not be foreseen, or which,
though foreseen, were inevitable.
ART. 1174.
requisites of fortuitous event
1.The cause must be independent of the debtor’s will.
2.The event could not be foreseen or if foreseen,
inevitable
3.The event must be of such a character as to render
it impossible for the debtor to comply with his
obligations in a normal manner; and
4.The debtor must be free from any participation in or
aggravation of, the injury to the creditor, that is, there
is no concurrent negligence on his part.
RULES AS TO LIABILITY IN CASE OF FORTUITOUS
EVENTS
General Rule:
No person shall be liable for fortuitous
event i.e., his obligation will be extinguished.
General Rule: No person shall be liable for fortuitous
event i.e., his obligation will be extinguished.
Exceptions:
- Liability is expressly provided by law.
- Declared by stipulation of the parties.
- Nature of obligation requires the assumption
of risk.
REMEDIES OF CREDITOR
- Exact fulfillment (specific performance)
with the right to damages. - Pursue the leviable (not exempt fro
attachment under the law) property of the
debtor. - Exercise all the rights and bring all the
actions of the debtor except those
personal to him (accion subrogatoria). - Impugn the acts which the debtor may have
done to defraud his creditors (accion
pauliana).
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.
ART. 1177
The debtor is_________ for the fulfillment of his obligations,
subject to the exemptions provided by law
liable with all his property,
present, future,
Subject to the laws, all rights acquired in
virtue of an obligation are transmissible, if there has
been no stipulation to the contrary.
ART. 1178
General rule in transmissibility of rights
- All rights acquired by virtue of an obligation
are transmissible. - Thus, a creditor may assign his credit to a
third person, or such right is transmitted to
the heirs upon his death.
exceptions in transmissibility of rights
1) If the law prohibits the transmission of the right.
2) If the parties agreed against transmission.
3) If the right is by nature not transmissible.
