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C2. Nature and Effect Obligations
C2. Nature and Effect Obligations
FORTUITOUS EVENT:
v Definition: EVENT WHICH COULD NOT BE FORESEEN OR WHICH THOUGH FORESEEN
WERE INEVITABLE. (ACT OF GOD or ACT OF MAN/Force Majeure)
v Rules:
1. An obligation to deliver a DETERMINATE or SPECIFIC THING is EXTINGUISHED
BY FORTUITOUS EVENT.
Ø EXCEPT:
1. OBLIGOR DELAYS – LEGAL DELAY (with DEMAND)
2. OBLIGOR PROMISED TO DELIVER THE SAME THING TO TWO OR MORE PERSONS WHO DO
NOT HAVE THE SAME INTEREST. (BAD FAITH)
2. An obligation to deliver an INDTERMINATE or GENERIC THING is NOT
EXTINGUISHED BY A FORTUITOUS EVENT for GENUS NEVER PERISHES
ARTICLE 1166
THE OBLIGATION TO GIVE A
DETERMINATE THING INCLUDES THAT
OF DELIVERING ALL ITS ACCESSIONS
AND ACCESSORIES, EVEN THOUGH THEY
HAVE NOT HAVE BEEN MENTIONED.
(unless stipulated)
ARTICLE 1166
1. ACCESSIONS – PRODUCED by the thing which is the
object of the obligation as well as all of those which are
naturally or artificially attached thereto; (Natural,
Industrial, and Civil Fruits/Planted, built, and sown on
land)
2. ACCESSORIES – object of embellishment, use of
preservation of another thing which is more important
and to which not incorporated or attached. (key,
equipment, or tools)
ARTICLE 1167
IF PERSON OBLIGED TO DO SOMETHING FAILS TO DO
IT, IT SHALL BE EXECUTED AT HIS COST.
v NEGLIGENCE vs FRAUD
v KINDS OF NEGLIGENCE:
1.CIVIL (UNDER THE NEW CIVIL CODE)
a. Culpa Contractual
b. Culpa Aquiliana (Quasi – Delict)
2.CRIMINAL (UNDER THE REVISED
PENAL CODE)
ARTICLE 1174
EXCEPT IN CASES EXPRESSLY SPECIFIED BY
LAW, OR WHEN IT IS OTHERWISE DECLARED
BY STIPULATION, OR WHEN THE NATURE OF
THE OBLIGATION REQUIRED THE ASSUMPTION
OF RISK, NO PERSON SHALL BE RESPONSIBLE
FOR THOSE EVENTS WHICH COULD NOT BE
FORESEEN, or WHICH, THOUGH FORESEEN, WERE
INEVITABLE. (FORTUITOUS EVENT)
ARTICLE 1174
v EFFECT OF FE ON OBLIGATIONS:
• THE OBLIGATION IS EXTINGUISHED UNLESS THE
OBJECT IS AN INDETERMINATE OR GENERIC
THING.
• OBLIGOR IS NOT LIABLE FOR DAMAGES.
• THE FE IS THE PROXIMATE and ONLY CAUSE FOR
THE LOSS.
ARTICLE 1174
v EXCEPTION TO THE GENERAL RULE:
1. IF SUCH LIABILITY IS EXPRESSLY PROVIDED FOR BY LAW.
• examples:
• Debtor in delay (Art 1165)
• Promises to deliver to 2 or more persons (Art 1165)
• Generic thing – never perishes
• DEBT of a specific things proceeds from a criminal offense
2. IF PARTY STIPULATED FOR IT.
3. NATURE OF THE OBLIGATION REQUIRES THE ASSUMPTION OF
RISK.
ARTICLE 1175
USURIOUS TRANSACTIONS SHALL BE
GOVERNED BY SPECIAL LAW.
• Usury Law is legally ineffective by RESO 224 dated 12/3/82 by the Monetary Board
of Central Bank and later by the Central Bank Circular No. 905 which took effect on
January 1, 1983
• IN a SC decide case GR No. 148491 interest can now be imposed as agreed by the
parties
• Sc in certain jurisprudence provide that lenders could not impose excessive interest as
against the morals
ARTICLE 1176
RECEIPT OF THE PRINCIPAL BY THE CREDITOR
WITHOUT RESERVATION AS TO INTEREST SHALL
GIVE RISE TO A PRESUMPTION THAT SAID
INTEREST HAS BEEN PAID.
RECEIPT OF LATER INSTALLMENT OF A DEBT
WITHOUT RESERVATION AS TO PRIOR
INSTALLMENT SHALL RAISE PRESUMPTION THAT
PRIOR INSTALLMENT HAS BEEN PAID
ARTICLE 1176
v PRESUMPTIONS – assumptions which the law requires to be made
based on another fact or group of facts or otherwise established in the
action
v KINDS on the LAW of EVIDENCE
1. CONCLUSIVE or ABSOLUTE
a) Not permitted to be overcome by any proof that the fact is
otherwise if the basic facts is established
b) IGNORATIA LEXIS NON EXCUSAT
2. DISPUTABLE or REBUTTALE PRESUMPTION
a) Accepted or acted on when there is no other evidence to
uphold the contention for which it stands
b) May be overcome by other evidence
v Section 1176 are Disputable Presumption
ARTICLE 1176
Article 1253 states that:
“If the debt produces interest, payment of the
principal shall not be deemed to have been made until
the interest have been covered.”
• if the creditor issued receipt showing payment
applied to principal, presumption is interest has been
paid.
• if prior installment not paid but creditor issued
receipt for the latter installment, presumption is
prior installment is paid already.
ARTICLE 1177
THE CREDITORS, AFTER HAVING PURSUED THE
PROPERTY IN POSSESSION OF THE DEBTOR TO
SATISFY THEIR CLAIMS, MAY EXERCISE ALL THE
RIGHTS AND BRING ALL ACTIONS OF THE LATTER
FOR THE SAME PURPOSE, SAVE THOSE WHICH ARE
INHERENT IN HIS PERSON; THEY MAY ALSO
IMPUGN THE ACTS WHICH THE DEBTOR MAY HAVE
DONE TO DEFRAUD THEM.
ARTICLE 1177
v REMEDIES OF THE CREDITOR IN THE EVENT THE DEBTOR WILL NOT PREFORM HIS
OBLIGATION:
1. TO PURSUE THE PROPERTY IN THE POSSESSION OF THE DEBTOR. (Principal
Remedy).
2. ACCTION SUBROGATORIA - TO BE SUBROGATED TO ALL THE RIGHTS and
ACTIONS OF THE DEBTOR SAVE THOSE WHICH ARE INHERENT IN HIS PERSON. The
creditor can proceed against third person against whom the debtor has claims.
• Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such
constitution; and
(4) For debts due to laborers, mechanics, architects, builders, material men and others
who have rendered service or furnished material for the construction of the building.”
ARTICLE 1177
3. ACCION PAULIANA – Creditor has the right to
impugn or attack the acts of the debtor to
defraud him by RESCINDING the contracts
entered by the debtor to defeat the creditors
rights. (example. Donating or selling the property
to 3rd person)
• Availed of as a last resort. Only if other remedies
will not be available.
ARTICLE 1178
SUBJECTS TO THE LAWS, ALL RIGHTS
ACQUIRED IN VIRTUE OF AN OBLIGATION
ARE TRANSMISSIBLE. IF THERE IS NO
STIPULATION TO THE CONTRARY.
ARTICLE 1178