2.

culpa aquiliana/ civil

negligence/tort/quasi-delict
LIABILITY FOR F.E
- acts or omission that cause damage to
General Rule: no person shall be liable for
another, no contractual relation between
fortuitous event. obligation will be
parties.
extinguished.
3.culpa criminal/ criminal negligence
Provided: debtor committed no
- negligence that results in the commission
negligence/misconduct
of a crime.

CAUSES OF BREACH OF OBLIGATION

4. CONTRAVENTION OF THE TENOR
OF
THE OBLIGATION( he did not fullfill
his obligation)

FORTUITOUS EVENTS ART. 1174

are those events that could not be foreseen
or which, though foreseen, are inevitable.

1. Act of man - Strictly speaking, a

fortuitous event is an event independent of
the will of the obligor but not of the other
human wills. Those arise from legitimate or
illegitimate acts of persons other than the
obligor
Example: War, robbery, murder,
insurrection
2. Act of God - they refer to what is called
as force majeure or those events which are
totally independent of the will of every
human being. Brought by natural forces.
Situation should be PROVEN
Examples: Earthquake, flood, rain,
shipwreck, lightning, eruption of volcano