3 KINDS OF FRUITS

1. NATURAL – w/o human intervention

2. INDUSTRIAL – w/ human intervention
3. CIVIL – derived by virtue of juridical relation

Creditor’s rights if debtor fails to comply w/ the obligation

1. Determinate
a. Performance
b. Damages
2. Generic
a. Performance
b. Damages
c. Obligation be complied at debtor’s expense

Creditor’s rights if debtor does in contravention

1. Damages
2. Ask it be UNDONE at debtor’s expense

FORTUITOUS EVENT – cannot be foreseen, if foreseen, inevitable

General Rule: No person liable to fortuitous event.
Exceptions:
1. Law states
2. Stipulation/contract states
3. Assumption of risk
4. Delay
5. Debtor promises deliver to 2/more persons who do not have same interest (bad faith)

EFFECTS OF FORTUITOUS EVENT to thing to be delivered

- extinguish the obligation if determinate; generic does not extinguish the obligation

3 MISCELLANEOUS RULES ON PERFORMANCE OF OBLIGA-TION

1. When to deliver determinate, accessions (additions/ improvements) and accessories(joined/included
with the principal) are INCLUDED even not mentioned.
2. If debtor fails to do, it shall be DONE AT HIS EXPENSE, same with doing the contravention; poorly
done be undone.
3. In obligation not to do, and obligor does what is forbidden, shall be UNDONE AT HIS EXPENSE.

4 GROUNDS; debtor liable for damages

1. Default/mora
2. Fraud/dolo
3. Negligence/culpa
4. Contrary to terms of obligation

1. DEFAULT/MORA – delay
3kinds
a. Mora solvendi – debtor’s delay to give (real ob.), to do (personal ob.)
b. Mora accipiende – creditor’s delay to accept
c. Compensatio Morae – delay of both in reciprocal obligation