Name: BENOZA, MARY GRACE R.

Section: II-A-BSBA-MM

STUDY GUIDE #10

I. Definition

1. Legal impossibility
 occurs when the obligation cannot be performed because it is
rendered impossible by provision of law, although physically it may
be possible of performance.

2. Loss of thing
 occurs when the object perishes, or goes out of commerce, or
disappears in such a way that its existence is unknown or it cannot
be recovered..

3. Difficulty of performance
 performance has become so difficult as to be manifestly beyond
the contemplation of both parties.

II. Discussion

1. Give two (2) cases when a person may be released from an obligation
validly entered into.
 According to Art. 1266, a person may be released from an
obligation if the prestation becomes legally or illegally impossible
without the fault of the obligor.

 Another case is when (According to Art. 1267) the service has

become so difficult, as to be manifestly beyond the contemplation
of both parties, the obligor may be released in whole or part.
 2. Give the cases when loss of the specific thing to be delivered will not
exempt the obligor from liability when in the absence of fault or delay.

3. Will partial loss of the specific thing to be delivered extinguish the
obligation? Explain.

III. Problem

1. X obliged himself to deliver to Y a specific carabao to Y on July 31. The

carabao died on July 25. Y has no proof that X was negligent. Is X liable to
Y?ĺ
 Yes, according to Art. 1265, if the object is lost in the possession of
the debtor, it shall be presumed that the loss was due to his fault,
unless there is proof to the contrary. Thus, X is still liable to Y
unless he proves the contrary.

2. X obliges himself to deliver a specific thing to Y on a certain date. The

thing was lost by X without his fault and before he has incurred in delay.
Does it mean that X is already exempt from liability?
3. Suppose in the preceding problem, the thing was lost through the fault of
Z, a third person. State the effect of the loss as far as X,Y, and Z are
concerned.