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Oblicon Article 1193
Oblicon Article 1193
The law says that pending the happening of the period the
things can be lost, deteriorate or improve, so what are the
rule shall be followed
o Lost without faultthe obligation is extinguish
o Lost with the fault of the debtorask for
indemnification for damages
o Deterioration by without faultborne by the creditor
o Deterioration with faultspecific performance with
damages or rescission with damages
o Improvement- rules of usufruct
o Improvement by timegive to the creditor
It is possible that trough a third person the creditor may be
held liable for lost or deterioration
Art. 1197. If the obligation does not fix a period, but from
its nature and the circumstances it can be inferred that a
period was intended, the courts may fix the duration
thereof.
The courts shall also fix the duration of the period when it
depends upon the will of the debtor.
Art. 1198. The debtor shall lose every right to make use of
the period:
(1) When after the obligation has been contracted, he
becomes insolvent, unless he gives a guaranty or security
for the debt;
o
o
The general rule it is always the debtor who has the right to
choose
o When the contract expressly stated that it is given to
the creditor
What are the limitations on the part of the debtor
o He must not choose something that is impossible
o unlawful
Art. 1202. The debtor shall lose the right of choice when
among the prestations whereby he is alternatively bound,
only one is practicable. (1134)
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Art. 1205. When the choice has been expressly given to the
creditor, the obligation shall cease to be alternative from
applicable when the creditor has the right of choice-o he must make a choice when the obligation became
due and demandable, or before the maturity of the
obligation
what if he did not make a choice, then the
debtor can not incur in delay in the
preformance of the obligation, this time the
debtor is not liable, because it is the fault of
the creditor
o it will become effective upom the choice has been
communicated to the debtor by the creditor
rules
o If one of the things is lost through a fortuitous
event, he shall perform the obligation by
delivering that which the creditor should
choose from among the remainder, or that
Art. 1206. When only one prestation has been agreed upon,
but the obligor may render another in substitution, the
obligation is called facultative.
The loss or deterioration of the thing intended as a
substitute, through the negligence of the obligor, does not
render him liable. But once the substitution has been made,
the obligor is liable for the loss of the substitute on account
of his delay, negligence or fraud.
-
o
Lost of the substitute
o The lost of the substitute before the substitution has
been choosen it will not render the debtor liable
If the lost is cause by the debtor or anyone
same rule will apply
o But if the substitute is lost after the substitution was
made and it is due to the fault of the debtor then he
is lible.--even if without fault of the debtor he can still
be held liable (default)---kailangan linawin
By law
in quasi-delict the liability of two or
more person is solidary
by nature
article 19 20 and 21,22-- those
violation arising from these provision is
by nature solidary
case IMC and NLRC
kinds of solidatity
o passive - which solidarity on the part of the debtor,
may mutual guarantee,
o active--if the solidarity is on the part of the
obligation, may mutual representation,
o mix solidarity- there two debtors and two creditors in
one the same obligation
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