Personal obligation or to do

Question 1

PERSONAL OBLIGATIONS

Answer 1

PERSONAL OBLIGATIONS

1. Positive Personal Obligation (to do)
2. Negative Personal Obligation (not to do

Question 2

1. Positive Personal Obligation (to do)

Answer 2

When the debtor does not comply with an obligation to do, the creditor is entitled to have the thing done in a proper manner, by himself or by a third person, at the expense of the debtor.

• The court has no discretion to merely award damages to the creditor when the act can be done in spite of refusal or failure of the debtor to do so.
• The debtor cannot be subjected to force on his person to compel him to perform his obligation. There is no imprisonment for debt.
• If only debtor can do: damages, indemnification - If others can do the same: others will do in expense of the debtor

Question 3

Remedies available to the creditor in to do

Answer 3

Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost.

Art. 1244(2) In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will.

Question 4

OBLIGATION NOT TO DO

Answer 4

OBLIGATION NOT TO DO
Negative Personal Obligation: - Aside from undoing what is done in violation of the prohibition (Art. 1168), the debtor can be held liable for damages. - In other cases, it is impossible to undo the thing, either physically or legally, or because of the rights of third persons, or for some other reason. In these cases, the only feasible remedy is INDEMNIFICATION for the damages caused.

Question 5

Remedies available to the creditor in not to do

Answer 5

Art. 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.

Art. 1244(2) In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will.