Preliminary Examination Provision, Title 1 and Nature and effects of obligation

Question 1

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

Answer 1

Article Article 1159

Question 2

An obligation is a juridical necessity to give, to do or not to do.

Answer 2

Article 1156

Question 3

Obligations arise from:

• Law
• Contracts
• Quasi-contracts
• Delicts/crime
• Quasi-delicts

Answer 3

Article 1157

Question 4

Obligations derived from law are not presumed. Only those determines in this code or in special laws are demandable and shall be regulated by the precepts of the law which establishes men.

Answer 4

Article 1158

Question 5

Civil obligations arising from the criminal offense shall be governed by the Penal laws

Answer 5

Article 1161

Question 6

Obligations derived from quasi-contracts shall be subject to the provisions of Chapter I. Title XVII of this book

Answer 6

Article 1160

Question 7

The creditor has a right to the fruits from the times the obligation to deliver it arises. However, he shall acquire no real right until the same has been delivered to hum.

Answer 7

Article 1164

Question 8

Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care.

Answer 8

Article 1163

Question 9

Obligations derived from quasi-delicts shall be governed by provision of Chapter 2, Title XVII and by special laws.

Answer 9

Article 1162

Question 10

When what is to be delivered is a determinate thing, the creditor may compel the debtor to make delivery.
If the thing is indeterminate, he may ask that the obligation be complied with the expense of the debtor.
If the debtor delays or has promised to deliver the same specific thing to 2 or more persons who do not have the same interest, he shall be responsible for the fortuitous event until he has effected the delivery.

Answer 10

Article 1165

Question 11

The obligations to give a determinate thing includes that of delivering all its accessions and accessories even thought they may not have been mentioned.

Answer 11

Article 1166

Question 12

Those obliged to deliver or to do something incur in delay from the time the oblige judicially or extrajudicially demands form the debtor the fulfillment of their obligations.
However, the demand by the creditor shall not be necessary in order that delay may exist.
1. When the law or obligations declares.
2. When the nature and circumstances of the obligation it appears that the designation of the time the thing is to be delivered has controlling motive.
3. When the demand would be useless, as when the obligor has rendered it beyond his power to perform.

Answer 12

Article 1169

Question 13

If a person obliged to do something fails to do it, the same shall be executed at the expense of the debtor.
The same rule shall be observed if he does it in contravention of the tenor. Furthermore, it may be decreed that what has poorly done shall be undone.

Answer 13

Article 1167

Question 14

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

Answer 14

Article 1171

Question 15

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

Answer 15

Article 1168

Question 16

Responsibility arising from negligence in the performance of every kind of obligations is demandable but such liability may be regulated by court, according to circumstances.

Answer 16

Article 1172

Question 17

Those who in the performance of their obligations are guilty of fraud, negligence, delay and those in any manner of contravene the tenor, are liable for damages.

Answer 17

Article 1170

Question 18

Usurious transactions shall be governed by special laws

Answer 18

Article 1175

Question 19

The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligations and corresponds with the circumstances of the person, of the time and of the place. When the negligence shows bad faith, provision of Articles 1171 and 2201 shall apply

Answer 19

Article 1173

Question 20

Except in cases expressly specified by the law or when it is otherwise declared by the stipulation, or when the nature of the obligation requires assumptions of risk, for those events which could not be foreseen, or which though foreseen, were inevitable.

Answer 20

Article 1174

Question 21

The receipt of the principal by the creditor without reservation that said interest has been paid, shall give rise to the presumptions that said interest has been pain. The receipt of a later installment of debt without reservation as to prior installments, shall likewise raise the presumption that such installments has been paid.

Answer 21

Article 1176

Question 22

Subject to the laws, all rights acquired in virtues of an obligation are transmissible, if there has been no stipulation to contrary.

Answer 22

Article 1178

Question 23

The creditor, after having pursued that 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. they may impugn the acts which the debtor may have been done to defraud him.

Answer 23

Article 1177