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Nature and Effect of Obligations
ARTICLE 1163. Every person obliged to give
something is also obliged to take care of it with the
proper diligence of a good father to a family, unless
the law or the stipulation of the parties require
another standard of care.
What are the two kinds - Kinds of Obligation as to object
of obligations - Generic/Indeterminate
(in terms of object)? - when it refers only to a class or genus
and cannot be pointed out particularly
- Ex. I promise to give you a cellphone
- Specific/Determinate
- when it is particularly designated or
physically segregated from all other of the
same class
- Ex. I promise to give you this cell phone
■ Driver always goes to jail
■ Common carriers are
required to perform
ordinary and unordinary
diligence
○ Security in school
■ Parens patriae
■ Teachers are parents to
students in school
3. Diligence of a good father of a family
○ Only in the absence of law or
stipulations
- Diligence of a good father of a
family is often referred to as
ordinary diligence.
- Money from rentals
- Court: What did you promise to give?
- Debtor: I will not give
- Court: Sheriff go buy a cellphone and bill the
debtor
If the obligor delays, or has promise to deliver the
same thing to two or more persons who do not have
the same interest, he shall be responsible for any
fortuitous event until he has affected delivery.
- if you are in delay to give something, if anything
happens it is not a fortuitous event
- You are responsible
- If you promise to give a dog to two people, your
interest cannot exist side by side
- Furthermore, it may be decreed that what has been
poorly done be undone.
- Example: A promises to paint B’s wall but A
refuses, court orders another to paint the wall
- Court cannot force A to paint but get
someone to paint and A will pay
- A will now paint the wall but he paints n it
black
- It is in contravention of the tenor of the
obligation
- Court can ask another to paint
- A paints it in the right color but in
watercolor
- It can be repainted and charged to A
ARTICLE 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.
- if you say you won't build a wall and you build a
wall, it will torn down at your expense
- Even if you make the demand, I cannot
deliver
- In reciprocal obligations, neither parties incurs in delay if
the other does not comply or is not ready to comply in a
proper manner with what is incumbent upon him. From
the moment one of the parties fulfill his obligation, delay
by the other begins.
○ Compensatio Morae
○ Both delays
Delay - Delay
- Failure to deliver the object on time.
- Such delay may be classified as
Ordinary - Ordinary
- When the obligor has not delivered
it at the time of delivery
Legal - Legal
- When after demand to deliver it,
the obligor has failed to deliver
- Generally, it is only when there had been a
demand to deliver it, either judicially or
extra-judicially, that the obligee may ask the law
and the court to step in and enforce the terms of
the obligations.
- Sometimes, demand is not necessary for there to
be legal delay.
Damages 1. Fraud
2. Negligence
3. Delay
4. Contravention
a. Breach of contract
- Damages
- can be construed to be either
- The injury sustained by a party
- The Compensation to which a party is entitled to.
- In this Article, the damages referred to is the latter.
What are the 4 ways - (Discussion on details of Damages are in Art. 1159)
damages can be asked?
- *This is because fraud is so serious and evil that
its employment to avoid the fulfillment of one’s
obligation should be discouraged
ARTICLE 1172. Responsibility arising from
negligence in the performance of every kind of
obligation is also demandable, but such liability may
be regulated by the courts, according to the
circumstances.
- Fraud cannot be tampered
- You can be negligent by a little but you cannot commit
fraud by a little
- Ex:parking a car under a tree during a typhoon,
court will not hold the driver fully liable because
there was an attempt to keep the car safe
ARTICLE 1174. 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 this events which could not be
foreseen, or which, though foreseen, were inevitable.
What are fortuitous
events?
- Fortuitous Events
- are any events which cannot be seen, or which
Ordinary
though foreseen, is inevitable.
- Ordinary
- events which are common and which the
contracting parties could reasonably have
Extra-Ordinary foreseen
- Example:
- You can't do anything about the
rain tomorrow
- Extra-ordinary
- events which are uncommon and which
the contracting parties could not have
reasonably foreseen (earthquake, fire,
war, pestilence, unusual flood, etc.)
interest, shall give rise to the assumption that said
interest has been paid.
The receipt of later installment of a debt without
reservation as to prior installment shall likewise raise
the presumption that such installments have been
paid.
- Payment of principal distinguishes obligation
- Example: loan of 50,000
- Primary obligation: payment
- Accessory obligation: pay interest
Presumption - You don't accept principal payment
without the interest
- Presumption
- meant the inference of a fact not actually known
arising from it.
- usual connection with another which is known
- This means that rights acquired by a person by virtue of
an obligation is fully transferable to another person
provided:
1. The law says otherwise
2. The stipulation says otherwise