School of Electrical, Electronics, and Computer Engineering Mapa Institute of Technology Muralla St., Intramuros, Manila 1002 Philippines Christian.razel@gmail.com CW3 : Reported by Group 2
Abstract An Obligation is a lawful 2. Generic or Indeterminate
bond by which at least one gatherings (obligants) will refers only to a class or genus to undoubtedly act or cease from which it pertains and cannot be pointed acting. A commitment in this out with particularity .-it is identified manner forces on the obligor an only by its specie- the debtor can give obligation to perform, and all the anything of the same class as long as it while makes a comparing appropriate to request execution is of the same kind. by the obligee to whom execution is to be offered. *Duties of debtor in obligation to give a determinate thing
Keywords obligation, debtor, creditor, 1. Preserve the thing
obligor, oblige, interest, presumption a. Diligence of a good father of a family with ordinary care or diligence I. INTRODUCTION which an average person exercises over his own property In Merriam-Webster Dictionary [1], Obligation is defined as: (1) something b. Another standard of care slight or that you must do because it is morally extraordinary diligence right and; (2) something that you must do because of a law, rule, promise, etc. c. Factors to be considered force The Civil Code of the Philippines will be majeure/ fortuitous events the primary premise and reference in d. Reason for debtors obligation noting the current issues. 2. Deliver the fruits of the thing 1. Specific or Determinate 3. Deliver the accessions and Particularly designated or physically accessories segregated others of the same class.- it is identified by its individuality- the 4. Deliver the thing itself debtor cannot substitute it with another although the latter is of the same kind 5. Answer for damages in case of and quality without the consent of the non-fulfilment or breach creditor. II. REFERENCE ARTICLES TO ANSWER THE PROBLEM acquire no real right over it until the For reference and solid justification in same has been delivered to him. answering the problems, the following articles are used as basis:
Article 1164. The creditor has a right
2. D (debtor) borrowed to the fruits of the thing from the time the obligation to deliver it arises. 20,000 Php from C (creditor) However, he shall acquire no real right payable after one (1) year? Is D over it until the same has been delivered liable to pay interest? to him. (1095)
Article 1175. Usurious transactions- According to Article 1175. Usurious
shall be governed by special laws. (n) transactions shall be governed by special laws. D is liable to pay interest to C if: (1) they have explicitly demanded that a specific amount of III. ANSWERS TO PROBLEMS interest might be recuperated by C, and (2) there is a composed understanding amongst D and C about the interest. 1. S (seller) sold to B(buyer) on July5, The payment of the interest is invalid if a horse named silver to be there is no concession to the interest in delivered on July 20. However, on essence. July 15, S sold again and delivered the horse to T. Who has a better IV. ACKNOWLEDGEMENT right to Silver? I would like to acknowledge other reactors to this topic for the effective exchange of ideas with regards to this - T has better right to silver than B matter for it helped me to finish this case analysis. because T already has the horse and all rights have been passed to him which T became the true owner of silver according to article 1164 of nature and V. REFERENCES effect of obligation it states that the the creditor has a right to the fruits of the [1] MerriamWebster Dictionary, thing from the time the obligation to [2] H. S. De Leon, The Law on deliver it arises. However, he shall Obligations and Contracts, Quezon City, REX Printing Company