Obligation: Chapter 2_ Nature and Effect of Obligation

not all information are here in this reviewer. You should still read chapter 2!

Article 1163

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. (1094a)

Determinate Thing

Identified by its individuality

Cannot be substitute with another

Generic Thing

Identified only by its specie

Debtor can give anything of the same class as long as it is of the same kind.

Natural Fruits

Products of the soil, and the young and other products of animals

something that naturally occurs

Industrial Fruit

Produced by lands of any kind through cultivation or labor

Could have been natural but has human intervention

Something that is made for a certain "use

Civil Fruit

Derived by virtue of a juridical relation

Fruit of your labor

Real rights

rights or interests of a person over a specific thing

• There is only a definite active subject

• Directed against the whole world

Personal Right

Right or power of a person to demand from another.

Fulfillment of the latter’s obligation to give, to do, or not to do.

• there is a definite active subject and definite passive subject

• Binding or enforceable only against a particular person

Specific Real Obligation

Obligation to deliver a determinate thing

Creditor may exercise the following remedies or rights incase the debtor fails to comply with his obligation

In an obligation to deliver a determinate thing, the very thing itself must be delivered

• Debtor can comply with the obligation

• Creditor is granted the right to compel the debtor to make the delivery

Generic Real Obligation

Deliver a generic thing

Can be performed by a third person since the object is expressed only according to its family or genus.

• not necessary for the creditor to compel the debtor to make the delivery

Delay

mora

failure to comply at a given time

Accession

Fruits of a thing or addition to or improvements upon a thing;

not essential for the thing to work

Accessories

Joined to or included with the principal thing for the latter’s embellishment

Essential for the thing to work

Ordinary Delay

Failure to perform an obligation on time

Legal Delay

Default or mora

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

Mora Solvendi

Delay on the part of the debtor to fulfill his obligation

Mora Accipiendi

Delay on the part of the creditor to accept the performance of the obligation

Compensatio Morae

Delay of the obligors in reciprocal obligation

Both are in delay, it cancels or offsets each other.

Fraud

deceit or dolo

Deliberate or intentional evasion of the normal fulfillment of an obligation

Malice or dishonesty

Synonymous to bad faith

Dolo Incidente

Committed in the performance of an obligation already existing because of contract

Dolo Causante

Fraud employed in the execution of a contract which vitiates consent

Negligence

Fault or culpa

Voluntary act or omission

no bad faith or malice

Failure to exercise that degree of care

Contravention of the terms of the obligation

Violation of the term and condition stipulated in the obligation without justifiable excuse or reason

Contractual Negligence

culpa contractual

negligence in contract resulting in their breach

Makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligation.

Civil Negligence

Culpa Aquiliana

negligence which by itself is the source of an obligation between the parties not so related before by any pre-existing contract.

Criminal Negligence

Culpa Criminal

Negligence resulting in the commission of a crime

Damages

Signify the money compensation awarded to a party for loss or injury resulting from breach of contract of obligation by the other

Diligence

attention and care required of a person in a given situation

Fortuitous events

any event which cannot be foreseen

impossible to foresee or impossible to avoid

Act of man

fortuitous event is an event independent of the will of the obligor but not of other human wills.

Act of God

Majeure

Events which are totally independent of the will of every human being

Ordinary Fortuitous events

these are the events that are common and the parties could reasonably have foreseen.

Extra-ordinary Fortuitous Events

These are the events that are uncommon and which the parties could not have reasonably foreseen

Simple loan or mutuum

Contract whereby one of the parties delivers to another, money, or other consumable thing

Usury

contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels or credits.

presumption

inference of a fact not actually known arising from its usual connection with another which is known or proved

Conclusive Presumption

Cannot be contradicted

the presumption that everyone is conclusively presumed to know the law

Disputable presumption

can be contradicted

rebutted by presenting proof to the contrary