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Module 2 Oblicon
Module 2 Oblicon
Module 2 Oblicon
A. In the obligation to give, there are two kinds of things that the obligor has the
obligation to give: Specific Thing (determinate) or Generic Thing (indeterminate)
a. It is a duty of the obligor to deliver thing itself. The quality of the thing
that must be delivered need to be taken into consideration.
b. It is also his duty to be responsible for the damages he caused in case of
fraud, negligence, and delay of performing the obligation; same to those
who contravened the tenor or term.
- Duties of the obligor includes to do, to shoulder the cost if someone else does it,
and to undo what has been poorly done.
- according in Article 1168, When the obligor does an obligation that consists in not
doing and it was forbidden for him to do, he must also undo it for his expense.
- Duties of the obligor includes not to do what should not be done, to shoulder the
cost to undo what should not have been done.
1. Fraud:
- It is an execution of a heinous act upon one’s own free will or willful
negligence, it is knowing the effects which naturally arise from such act.
Evasion done towards the fulfillment of obligations are intentional. It is also
in the performance of preceding obligation.
- There are two kinds of fraud, fraud in the performance and fraud in the
execution of the contract. Under fraud un the execution of the contract we
have dolo causante which determines the important cause of the consent
and dolo incidente which refers to the accident of the obligation.
- The usual effects of fraud are liability for damages caused, a crime or a quasi-
delict.
2. Negligence
- Due to negligence, responsibility arises in the performance of obligation.
Such liability is usually regulated by courts, still depending on the
circumstances.
- Its concept is an absence of due diligence.
- The obligor’s negligence consists omission of the diligence required by the
nature of obligation which corresponds with the circumstance of the persons
and settings.
- Effects of negligence: damages are required to be regulated by the court and
defense of fortuitous events are invalidated.
3. Delay
- Delay is not fulfilling the obligation on time. According to Article 1169, people
are obliged to do or deliver the prestation in accordance with the time the
obligee demands from them the fulfillment of obligations.
- Note that there can only be delays in positive obligations and not in negative
ones.
- There are three kinds of mora or delays which are mora solvendi, mora
accipiendi, and compensatio morae. Mora solvendi is something that is
default on the part of the debtor. Mora accipiendi on the other hand is
default on the part of the creditor. Compensatio morae is a bilateral contract
between parties that can regulate the order they shall comply with reciprocal
prestations.
4. Contravention of Tenor
- It is an illicit act that harms the faithful fulfillment of the obligation or
defective performance.
- Can be negligent or malicious violation of the stipulated terms and conditions
in the obligation.
- Invalid if it was caused by fortuitous events or force majeure.