Art.

1262 Loss of the thing (determinate

thing)
1. Obligation is extinguished:
a) Loss is without fault of the debtor
b) Debtor is not guilty of delay
c) Loss due to fortuitous event
2. Obligation is not extinguished
(even w/o fault or delay):
a) Provided by law
b) Agreed by parties
c) Nature requires assumption of risk
d) Arises from a crime. Ex. return of
stolen item (Art. 1268)
Art. 1263 Loss of the thing (generic or
indeterminate)
1. Obligation is not extinguished
even due to fortuitous event.
2. Based on the principle “generic
thing never perishes”

Art. 1264 Effect of partial loss

1. Discretionary on the court to
determine whether or not the
obligation is extinguished.
2. Ex. Delivery of a race horse that
suffered a leg injury.
Art. 1265 Presumption who is at fault
in case of loss (disputable)
1. Debtor’s fault if in his possession.
2. Creditor need not prove debtor’s
fault.
3. Exceptions: earthquake, flood,
storm or other natural calamity.
Art. 1266 Effect of impossibility of
performance
1. Obligation is extinguished.
2. Legal or physical impossibility
takes place after the obligation is
agreed.
3. If impossible from the beginning,
VOID.
4. Ex. of legal impossibility - Delivery
of full face helmets after being
banned by law.
5. Ex. of physical impossibility – To
perform (sing) at a wedding after
operated in the throat.
Art. 1267 Effect of difficulty of
performance
1. A fortuitous event made the
performance difficult.
2. Ex. Construction of a house when
the roads leading to the site was
damage beyond repair by
earthquake.

Art. 1269 Right of creditor against third

persons.
1. Against third persons who cause
the loss or destruction. Ex. To sue for
damages.