Nature and Effect of Obligation

Question 1

what is ARTICLE 1167?

Answer 1

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

Question 2

Particularly designated or physically
segregated from others of the same class.
- Identified by its individuality.

Answer 2

Specific or determinate thing

Question 3

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

Answer 3

. Generic or indeterminate thing

Question 4

BREACHES OF OBLIGATIONS

Answer 4

delay, fraud, negligence, contravention of tenor

Question 5

• Failure to perform an obligation on
  time which constitutes a breach of the
  obligation.

Answer 5

Delay

Question 6

the deliberate or intentional evasion of
the normal fulfillment of an obligation.

Answer 6

Fraud

Question 7

the omission of that
negligence which is required by the nature of
the obligation and corresponds with the
circumstances of the per

Answer 7

Negligence (Culpa)

Question 8

cover any illicit act
which impairs the strict and faithful
fulfillment of the obligation.

Answer 8

Contravention of tenor

Question 9

KINDS OF DELAY

Answer 9

mora solvendi, mora accipiendi, compensatio morae

Question 10

delay on part of the debtor to
fulfill his obligation either to give (ex re) or to
do (ex persona).

Answer 10

Mora Solvendi-

Question 11

delay on the part of the
creditor to accept the performance of the
obligation.

Answer 11

Mora Accipiendi

Question 12

delay of both parties
in reciprocal obligations.

Answer 12

Compensatio Morae

Question 13

effects of delay (mora solvendi)

Answer 13

• 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.

Question 14

effects of delay (mora accipiendi)

Answer 14

• 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.

Question 15

effects of delay (Compensatio Morae)

Answer 15

• 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.

Question 16

general rule when demand is not necessary

Answer 16

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.

Question 17

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?

Answer 17

1. The obligation so provides
2. The law so provides
3. Time is of the essence
4. Demand would be useless
5. Performance in reciprocal obligations

Question 18

TYPES OF FRAUD (DOLO)

Answer 18

dolo causante, dolo incidente

Question 19

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.

Answer 19

Dolo Causante

Question 20

• Those which are not serious
  in character and without which the other
  party would still have entered into the
  contract.

Answer 20

Dolo Incidente

Question 21

A________is void, as being
against the law and public policy. But waiver of action
for past fraud is valid.

Answer 21

waiver of future fraud

Question 22

KINDS OF NEGLIGENCE (CULPA)

Answer 22

culpa contractual, culpa aquiliana

Question 23

• Negligence is merely
  incidental in the performance of an
  obligation. There is always a pre- existing
  contractual relation.

Answer 23

Culpa Contractual

Question 24

• Negligence is direct,
  substantive and independent. There may or
  may not be a pre- existing contractual
  obligation.

Answer 24

Culpa Aquiliana

Question 25

“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.

Answer 25

TEST OF NEGLIGENCE

Question 26

means any illicit act, which impairs the strict and faithful fulfillment of the obligation, or every kind of defective performance.

Answer 26

CONTRAVENTION OF THE TENOR

Question 27

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.

Answer 27

FORTUITOUS EVENT

Question 28

. 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.

Answer 28

ART. 1174.

Question 29

requisites of fortuitous event

Answer 29

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.

Question 30

RULES AS TO LIABILITY IN CASE OF FORTUITOUS EVENTS General Rule:

Answer 30

No person shall be liable for fortuitous event i.e., his obligation will be extinguished.

Question 31

General Rule: No person shall be liable for fortuitous event i.e., his obligation will be extinguished. Exceptions:

Answer 31

1. Liability is expressly provided by law. 2. Declared by stipulation of the parties. 3. Nature of obligation requires the assumption of risk.

Question 32

REMEDIES OF CREDITOR

Answer 32

- 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).

Question 33

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.

Answer 33

ART. 1177

Question 34

The debtor is_________ for the fulfillment of his obligations, subject to the exemptions provided by law

Answer 34

liable with all his property, present, future,

Question 35

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

Answer 35

ART. 1178

Question 36

General rule in transmissibility of rights

Answer 36

- 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.

Question 37

exceptions in transmissibility of rights

Answer 37

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.