[COBOBLI] Chapter 2: Nature and Effect of Obligations

Article 1163

Article 1163

Duties of Debtors in Obligation to Give

Article 1164

Right of Creditor to the Fruits

Article 1165

Remedies of Creditor in Real Obligation

Article 1166

Right of Creditor to Accessions and Accessories

Article 1167

Remedies of Creditor in Positive Personal Obligation

Article 1168

Remedies of Creditor in Negative Personal Obligation

Article 1169

Delay

Article 1170

Grounds for Liability

Article 1171

Responsibility Arising from Fraud Demandable

Article 1172

Responsibility Arising from Negligence Demandable

Article 1173

Meaning of Fault or Negligence

Article 1174

Meaning of Fortuitous Event

Article 1175

Meaning of Simple Loan (mutuum) and Usury

Article 1176

Meaning of Presumption

Article 1177

Remedies to Creditors for the Satisfaction of Their Claims

Article 1178

Transmissibility of Rights

Types of thing

1. Specific or Determinate

2. Generic or Indeterminate

Kinds of fruits

1. Natural

2. Industrial

3. Civil

Kinds of right

1. Personal

2. Real

Remedies of creditor in specific real obligation

1. fulfillment

2. rescission

3. payment of damages

Remedies of creditor in generic real obligation

1. performance of a third person

2. payment of damages

Remedies of creditor in positive personal obligation

1. fails to comply

   1. have the obligation performed by himself

   2. recover damages

2. done in contravention

   1. undo what was done

Remedies of creditor in negative personal obligation

1. undo what was done

2. action for damages

Kinds of delay

1. Mora solvendi

2. Mora accipiendi

3. Compensatio morae

Requisites of delay

1. failure of the debtor to perform his positive obligation

2. demand made by the creditor

3. failure to comply with demand

Effects of mora solvendi

1. debtor is guilty of breach of obligation

2. debtor is liable to the creditor for interest or damages

3. debtor is liable even for a fortuitous event (if determinate thing)

Effects of mora accipiendi

1. creditor is guilty of breach of obligation

2. creditor is liable for damages

3. creditor bears the risk of loss of the thing due

4. debtor is not liable for interest

5. debtor may release himself from the obligation

Effects of compensatio morae

1. if both delays are independent

   1. no delay

2. if one delay is followed by another

   1. liability is balanced

3. if delay cannot be determined

   1. each bear own damages

Exceptions from effects of delay

1. stipulation

2. law

3. time

4. uselessness

5. reciprocal

Grounds for liability

1. Fraud

2. Negligence

3. Delay

4. Contravention of terms

Kinds of fraud

1. Incidental

2. Causal

Kinds of negligence

1. Contractual

2. Civil

3. Criminal

Factors considered for negligence

1. nature

2. person

3. time

4. place

Kinds of diligence

1. as agreed upon

2. as required by law

3. good father of a family

Types of fortuitous event

1. Acts of man

2. Acts of God

Kinds of fortuitous event

1. Ordinary

2. Extra-ordinary

Requisites of a fortuitous event

1. independent of the human will or at least of the debtor’s will

2. could not be foreseen

3. renders it impossible to comply

Exceptions from effects of fortuitous events

1. law

   1. debtor is guilty

   2. promise to other persons without same interest

   3. crime

   4. generic

2. stipulation

3. assumption of risk

Requisites for recovery of interest

1. expressly stipulated

2. in writing

3. lawful

Kinds of presumption

1. Conclusive

2. Disputable

When presumptions do not apply

1. with reservation as the interest

2. receipt without indication of particular installment paid

3. receipt for a part of the principal

4. payment of taxes

5. non-payment proven

Remedies available to creditors for the satisfaction of their claims

1. exact fulfillment

2. pursue leviable property

3. exercise all rights

4. ask court to rescind

Exceptions from transmissibility of rights

1. law

   1. partnership

   2. agency

   3. commodatum

2. stipulation