BOOK IV

Obligations and Contracts

TITLE I
Obligations
CHAPTER I
General Provisions
ARTICLE 1156.
“An obligation is a juridical necessity to give, to do or not to do. (n)”
“Ang obligasyon ay isang Juridical necessity na magbigay, gawin at
hindi gawin.”

Obligation derived from the latin word “obligatio” meaning tying or binding.
Joridical necessity connote that in case of noncompliance, there will be legal
sanction.

Elements:
 Active Subject – the one is demanding the performance (Creditor)
 Passive Subject – the one bound to perform the prestation to give, to
give, to do or not to do
 Prestation or Object – the subject matter of the obligation
 Efficient Cause – the juridical tie or vinculum by virtue of which the
debtor has become bound to perform the prestation

ARTICLE 1157.
Obligation arise from:
1. Law;
2. Contracts;
3. Quasi-Contracts;
4. Act or omissions punished by law; and
5. Quasi-delicts

Ang obligasyon ay maaaring manggaling:

1. Batas;
2. Kontrata;
3. Quasi-Kontrata
4. Kilos o kilos na masama na pinaparusahan
ng batas; at
5. Quasi-delicts

Sources of Obligations
 Law (obligation ex lege)-like the duty to pay taxes and to support one’s
family
 Contracts (obligation ex contractu) – like the duty to repay a loan by
virtue of an agreement.
 Quasi-contracts (obligations ex quasi-contractu) – like the duty to refund
an “over change” of money because of the quasi-contract of solution
indebiti or “undue payment.”
 Crimes or Acts of Omissions Punished by Law (obligations ex maleficio
or ex delicto) – like the duty to return a stolen carabao.
 Quasi-delicts or Torts- (obligation ex quasi-delicto or ex quasi-
maleficio)- like the duty to repair damage due to negligence.

ARTICLE 1158.
“Obligations derived from law are not presumed. Only those
expressly determined in this Code or in special laws are demandable,
and shall be regulated by the precepts of the law which establishes
them; and as to what has not been foreseen, by the provisions of this
Book. (1090)”
“Ang mga obligasyon na hango sa batas ay hindi inaakala. Ang mga
obligasyon lamang na hayagang nakasaad sa Code na ito at sa mga espesyal
na batas ang may bisa, at pinapatakbo ng mga utos ng batas na nagtatag ng
mga ito; para sa mga obligasyon na hindi inaasahan, sila ay bibigyang bisa
ng probisyon ng Libro na ito.”

Discussion:
When obligations are not expressly provided by law, they cannot be
presumed to exist – thus making the not demandable nor enforceable.
When the act itself is the source of the obligation and not the law:
The law merely acknowledges the existence of an obligation generated
by an act;
It constitutes a contract, quasi-contract, delict or quasi-delict;
Its only purpose is to regulate the obligation which did not arise from the
law.

When the source of the obligation is the law itself:

1. The law creates the obligation;
2. The act upon which it is based is nothing more than a mere factor for
determining the moment when it becomes demandable.

ARTICLE 1159.
 “Obligations arising from contracts have the force of law between
the contracting parties and should be complied with in good faith.”
“Ang mga obligasyon na nag simula sa mga kontrata at nagkaroon ng
bisa sa batas sa pagitan ng mga nagkasundong partido ay dapat gampanan
ito ng may mabuting kalooban.”

*Distinction between Obligation and Contract

 Obligation – is a judicial necessity to give, to do or not to do (1156),
while
 Contract – is the meeting of the minds between two persons whereby one
bind himself with respect to the other, to give something or to render
some services. (Art.1305)
 Obligation Arising from contracts – it is an established doctrine of law
and sustained by the settled practice of the courts, that a man obligates
himself to do that to which he promises to be bound, because that which
is agreed to in a contract is the law between such contracting parties.
This rule, however, is subject to a condition that a court is not contrary to
law, morals, good customs, public order, or public policy.

ARTICLE 1160.
“Obligations derived from quasi-contracts shall be subject to the
provisions of Chapter I, Title XVII of this Book.”
“Ang mga obligasyong galing sa quasi-contracts ay maipapasailalim sa
mga probisyong nakasaad sa Chapter I, Title XVII ng Librong ito.”

Discussion:
A quasi-contract is a juridical relation which arises from a lawful,
voluntary and unilateral act/s executed by somebody for the benefit of
another and for which the former must be indemnified to the end that no one
shall be enriched or benefited at the expense of another (Article 2142).
Presumptive Consent - The consent in quasi- contracts is referred to as
presumptive consent. Since a quasi-contract is unilateral contract created by
the act/s of the gestor, the consent is provided by law through presumption.
This consent gives rise to multiple judicial relations which result in
obligations for the delivery of the thing or rendition
of service.
ARTICLE 1161.
“Civil obligations arising from criminal offenses shall be governed
by the penal laws, subject to the provisions of Article 2177, and the
pertinent provisions of chapter 2, Preliminary title on Human Relations,
and to Title XVIII of this Book, regulating damages.”
“Ang mga obligasyong sibil na nagmumula sa mga criminal na opensa
ay dapat pamunuan ng mga batas na pang penal, na naayos sa mga
probisyon ng Artikulo 2177 at ng mga pertenenteng probisyon ng Chapter 2,
Prelimary Title sa Human Relations at ng Title XVIII ng aklat na ito na
nagsasaayos ng mg danyos.”

Rules Governing Civil Obligations Arising fromm Criminal offenses.

1. Penal laws like the Revised Penal Code. The Penal Code contains a
Chapter on civil liability (Articles 100 to 113)
2. Article 2176 (Quasi – delict)
3. Pertinent provisions of chapter 2 (Preliminary Title) on Human Relations
– particularly Articles 26, 29, 30, 32, 33, 35 and 36, NCC;
4. Title XVII of this code involving damages (Articles 2195 to 2235)

ARTICLE 1162.
“Obligations derived from quasi-delicts shall be governed by the
provisions of Chapter 2, Title XVII of this Book, and by special laws.
(1093a)”
“Ang mga obligasyon na nagmula sa quasi- delicts ay nasasakupan ng
probisyon ng Chapter 2, Title XVII ng Aklat na ito, at ng mga espesyal na
batas.”

Discussion:
A quasi delict is an act or omission by a person which causes damage to
another giving rise to an obligation to pay for the damage done, there being
fault or negligence but there is no preexisting contractual relation between
the parties. Requisites
of Quasi delict.

Before a person can be held liable for quasi delict,

the following requisites must be present:
1. There must be an act or omission;
2. There must be fault or negligence
3. There must be damage caused;
4. There must be a direct relation of cause and effect between the act or
omission and the damage; and
5.There is no preexisting contractual relation between the parties.

Crime Distinguished from Quasi delict.

1. In crime, there is criminal or malicious intent or criminal negligence,
while in quasi delict, there is only negligence;
2. In crime, the purpose is punishment, while in quasi delict, indemnification
of the offended party;
3. Crime affects public interest, while quasi delict concerns private interest
in crime, there are generally two liabilities: criminal and civil, while in quasi
delict, there is only civil liability;
4. Criminal liability cannot be compromised or settled by the parties
themselves, while the liability for quasi delict can be compromised as any
other civil liability;
5. In crime, the guilt of the accused must be proved beyond reasonable
doubt, while in quasi de1ict the fault or negligence of the defendant need
only be proved by preponderance (i.e., superior or greater weight) of
evidence.

CHAPTER II
Nature and Effect of Obligation

ARTICLE 1163.
“Every person obliged to give something is also obliged to take care
of it with the proper diligence of a good father of a family, unless the law
or the stipulation of the parties requires another standard of care.
(1094a)”
“Ang bawat tao na obligado na magbigay ng isang bagay ay obligado rin
na pangalagaan ito na may tamang pagkalinga tulad ng isang ama ng
tahanan, maliban kung ang batas o ang stipulasyon ng mga partido ay
nangangailangan ng iba pang pamantayan ng pagaalaga.”

Discussion:
 “The diligence of a good father of a family” is the diligence required on
this article and if extraordinary diligence is required, then the obligor
shall exercise extraordinary diligence.
ARTICLE 1164.
“The creditor has a right to the fruits of the thing from the time the
obligation to deliver it arises. However, he shall acquire no real right
over it until the same has been delivered to him. (1095)”
“And nagpautang ay may karapatan sa mga bunga ng bagay mula sa oras
na ang obligasyon na ihatid ito ay nagsimula. Ngunit, Siya ay dapat walang
“real right” sa mga bagay na nasaad hanggang ang mga ito ay maihatid sa
kanya.”

Discussion:
The Debtor’s Obligation to deliver arise when:
1. When the obligation is based on law, quasi- delict, quasi-contract or
crime, specific provisions of the applicable law shall determine when the
delivery shall be done or affected.
2. When the obligation is subject to a suspensive condition, the obligation to
deliver arises from the happening of the condition.
3. When the obligation is subject to a suspensive term or period, the
obligation to deliver arises from the lapse of the term or period.
4. When there is no condition or term, the obligation to deliver arises from
the constitution, creation or perfection of the obligation.

ARTICLE 1165.
“When what is to be delivered is a determinate thing, the creditor, in
addition to the right granted him by Article 1170, may compel the
debtor to make the delivery.
If the thing is indeterminate or generic, hevmay ask that the
obligation be complied with at the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to
two or more persons who do not have the same interest, he shall be
responsible for fortuitous event until he has effected the delivery.”

“Kapag kung ano ang upang maihatid ay isang maliwanag na bagay, ang
pinagkakautangan , bilang karagdagan sa kanan ipinagkaloob sa kanya ng
Article 1170, maaaring pilitin ang may utang upang gawin ang paghahatid.
Kung ang bagay ay hindi tiyak o generic, maaari niyang hilingin na ang
obligasyon na nakasunod sa sa kapinsalaan ng ang may utang.
Kung ang obligor pagkaantala, o ipinangako upang maihatid ang
parehong bagay sa dalawa o higit pang mga tao na hindi magkaroon ng
parehong interes, siya’y magiging responsable para sa di- inaasahang
pangyayari hanggang sa siya ay maapektuhan ang paghahatid.”

Yu Tek v. Gonzales
Facts: A obligated himself to sell for a definite price a certain specified
quantity of sugar of a given quality, without designating a particular lot.
Issue: In case the sugar is lost by a fortuitous event, who bears loss prior to
delivery, the seller or the buyer?
Held: In this case, the seller bears the loss because what was delivered was
not a specific thing, but a generic thing. And genus never perishers.
Incidentally, the sale here cannot be said to have been already perfected
because of the lack of physical segregation from the rest of the sugar.

ARTICLE 1166.
“The obligation to give a determinate thing includes that of delivery
of all its accessions and accessories, even though they may not have been
mentioned. (1097a)”
“Kasama sa obligasyon na magbigay ng determinadong bagay ang
pagbibigay ng lahat ng accessions at accessories nito kahit na hindi sila
nabanggit.”

Discussion:
 Accession – includes everything produced by a thing, as well as all
incorporated or attached with it, may it be natural or artificial
 Accession discreta – right to the fruits
 Accession continua – includes both accession natural (i.e. alluvial
deposits) and accession industrial (i.e. those built, planted or sowed on
the land of the landowner)
 Accessories – includes things that are united or attached
as ornaments to the principal thing, for the latter’s use or
perfection (i.e. spare tire of a car, television antennas,
cellphone chargers, moviehouse chairs, etc.)
Note: Although the delivery of determinate thing includes
all its accessions and accessories, the parties in the contract
may stipulate that certain accessions or accessories may not
be included in the delivery. Both parties have the freedom
to stipulate such things.

ARTICLE 1167.
“If a person obliged to do something fails to do it, the
same shall be executed at his cost.
 This same rule shall be observed if he does it in
contravention of the tenor of the obligation.
Furthermore, it may be decreed that what has been
poorly done be undone. (1098)”
“Kapag ang tao ay obligado na gumawa ng isang bagay
ngunit hindi nya ito nagawa, ito ay maipapataw sa kanya.
Itong panuntunan na ito ay dapat obserbahan kapag ito
ay ginawa nya na kontra sa tenor ng obligasyon. Ito ay
masasaad na kung ano ang napabayaang gawin ay hindi na
dapat gawin.”

*Coverage of Article
1. the obligor failed to fulfill a positive personal obligation,
that is, “to do” something;
2. he fulfilled the obligation but in contravention of the
agreement; and
3. there was fulfillment but the same is poor or inadequate.

ARTICLE 1168.
“When the obligation consists in not doing, and the
obligor does what has been forbidden him, it shall also
be undone at his expense.”
“Kapag ang obligasyon ay obligasyong hindi gawin ang
isang bagay, at ginawa ng may obligasyon ang
ipinagbabawal, ito ay kailangang ipasawalang bisa ng
gumawa gamit ang sariling gastos.”

Discussion:
This article pertains to negative personal obligation, or the
obligation not to do. In addition to the obligation of the
obligor to undo the forbidden act of thing, he may also be
made liable for damages caused by doing that which was
forbidden.

ARTICLE 1169.
Those obliged to deliver or to do something
incur in delay from the time the obligee
judicially or extrajudicially demands from them
the fulfillment of their obligation.
However, the demand by the creditor shall not
be necessary in order that delay may exist:
(1) When the obligation or the law expressly so
declare; or
(2) When from the nature and the circumstances
of the obligation it appears that the designation
of the time when the thing is to be delivered or
the service is to be rendered was a controlling
motive for the establishment of the contract; or
(3) When demand would be useless, as when the
obligor has rendered it beyond his power to
perform.
In reciprocal obligations, neither party incurs
in delay if the other does not comply or is not
ready to comply in a proper manner with what is
incumbent upon him. From the moment one of
the parties fulfills his obligation, delay by the
other begins. (1100a)
Ang mga obligadong mag hatid o magsagawa ng
isang bagay ay mababalam mula sa oras na ang
obligee ay judicially o extra judicially na hiningi na
maisagawa o maihatid ang bagay na ito.
Ngunit, ang paghingi o pag demand ng obligee o
ng nagpautang ay hindi kinakailangan upang masabi
na mayroon nang balam sa mga sitwasyon na ito:
(1) Kapag nakasaad ito sa obligasyon o sa batas.
(2) Kapag ayon sa kallikasan ng obligasyon na ang
pag tatakda ng oras ay ang nag cocontrol na motibo
ng pagtatala ng kontrata.
(3) Kapag ang demand o paghingi ay walang bisa.
Katulad ng pagkakataon na naisakatuparan na ng
obligor ang bagay na ito ng higit pa sa kakayahan
nyang maikumpleto o maisakatuparan ito.
Sa reciprocal obligations, wala sa sino mang
piging ay mababalam kung ang isa ay hindi
isasakatuparan o hindi handa na isagawa ang bagay na ito
sa tamang paraan. Kapag nagawa na ng isang
piging ang kanyang obligasyon, ang balam ng isa ay
magsisimula.
The delay contemplated in the article is legal
delay or default and not ordinary delay. To put an
obligor in default (or mora), there must be demand
made upon him for the performance of the
obligation either judicially or extrajudicially.
Demand is not necessary to place the obligor in
default under the following circumstances:
1. When the law or obligation expressly declares;
2. When from the nature of the contract, it appears
that the time is of the essence and this is the
motivating factor in the establishment of the
contract;
3. When demand would be useless;
4. When the debtor admits, he is in default.
Classes of Default
1. Mora solvendi – the default on the part of the
debtor/obligor;
2. Mora accipiendi – the default on the part of the
creditor/obligee;
3. Compensatio morae – the default on the part of
both the debtor/obligor and creditor/obligee
which arises in reciprocal obligations the effect
is the default of one party neutralizes the default
of the other.
ARTICLE 1170.
“Those who in the performance of their
obligations are guilty of fraud, negligence, or
delay, and those who in any manner contravene
the tenor thereof, are liable for damages. (1101)”
“Ang mga nagsasagawa ng kanilang obligasyon
na may kasalanan ng fraud, nagligence, o delay o
balam at sa mga nagsasagawa ng kanilang
obligasyon na hindi ayon sa napagkasunduan ay
mananagot sa mga danyos.”
Discussion
Fraud – A false representation of a matter of fact
—whether by words or by conduct, by false or
misleading allegations, or by concealment of what
should have been disclosed—that deceives and is intended
to deceive another so that the individual
will act upon it to her or his legal injury.
Negligence – Conduct that falls below the
standards of behavior established by law for the
protection of others against unreasonable risk of
harm. A person has acted negligently if he or she
has departed from the conduct expected of a
reasonably prudent person acting under similar
circumstances.
ARTICLE 1171.
“Responsibility arising from fraud is
demandable in all obligations. Any waiver of an
action for future fraud is void.”
“Ang mga responsibilidad mula sa pandaraya ay
maaaring hingin sa lahat ng obligasyon. Kahit
anong pagtalikdan sa aksyon sa pandaraya sa
hinaharap ay walang bisa.”
ARTICLE 1172.
“Responsibility arising from negligence in the
performance of every kind of obligation is also
demandable, but such liability may be regulated
by the courts, according to the circumstances.
(1103)”
“Ang responsibilidad na sanhi ng kapabayaan ng
pag gawa ng bawat obligasyon ay demandable,
subalit ang nasabing pananagutan ay regulated ng
hukuman na aayon sa pagkakataon.”
ARTICLE 1173.
The fault or negligence of the obligor consists
in the omission of that diligence which is
required by the nature of the obligation and
corresponds with the circumstances of the
person, of the time and of the place. When
negligence shows bad faith, the provisions of
Articles 1171 and 2201, paragraph 2, shall apply.
If the law or contract does not state the
diligence which is to be observed in the
performance, that which is expected of a good
father of a family shall be required.
Ang kasalanan o kapabayaan ng obligor ay
binubuo sa pagkukulang ng na sipag na kung saan
ay kinakailangan sa pamamagitan ng likas na
katangian ng obligasyon at tumutugma sa mga
pangyayari ng mga tao, ng oras at ng lugar. Kapag
kapabayaan ay nagpapakita masamang hangarin, ang mga
probisyon ng Artikulo 1171 at 2201, talata
2, ay dapat mag-apply.
Kung ang batas o kontrata ay hindi ipinapahayag
na kung saan ay na-obserbahan sa pagganap, na
kung saan ay inaasahan ng isang mahusay na ama
ng isang pamilya ay dapat atasan.
Far East Bank and Trust Co. v. Estrella O. Querimit
Facts: Respondents filed a complaint against
petitioner bank and certain officials of the latter,
alleging that the they refused to allow her to
withdraw her time deposit evidenced by four
certificates of deposit in the total amount of
$60,000. The trial court ordered petitioner-bank and
its officials to allow respondent to withdraw her
time deposit plus accrued interests. The Court of
Appeals (CA) affirmed the decision of the trial
court with the modification that petitioner-bank was
solely liable because the latter has a personality
separate from its officers and stockholders. On
appeal, the Supreme Court affirmed the CA.
Held: Petitioner-bank failed to prove that it had
already made payment considering that the subject
certificates of deposit were still in the possession of
the depositors. The principle that payment, in order
to discharge a debt, must be made to someone
authorized to receive it is applicable to the payment
of certificates of deposit. Petitioner should, thus, not
have paid respondent’s husband or any third party
the amount of the time deposit without requiring the
surrender of the certificates of deposit. Laches
would also not defeat respondent’s claim as she did
not withdraw her deposit because she relied on
petitioner bank’s assurance that the interest would
accumulate annually even after maturity of the time
deposit and she set aside the money therein for the
retirement.
ARTICLE 1174.
Except in cases expressly specified by the law,
or when it is otherwise declared by stipulation,
or when the nature of the obligation requires the
assumption of risk, no person shall be
responsible for those events which could not be
foreseen, or which, though foreseen, were
inevitable. (1105a)
Maliban sa mga kasong nasasaad sa batas, o ayon
sa mga napagusapan, o kung ang kalikasan ng
pananagutan ay nangangailangan ng nakikinitang
panganib, walang sinumang tao ang may
pananagutan ukol sa mga pangyayaring hindi
inaasahan o kung ito man ay inaasahan ay hindi
mapipigilan o maiiwasan.
Discussion:
This article is a continuance to ART. 1173. ART.
1174 explains a fortuitous event that may have
arisen during the event of doing the obligation. It is
an event which cannot be foreseen such as sudden
coming of a storm which considered an Acts of God
or known as majeure or any other unexpected event
such as robbery, insurrection which is considered
Acts of man.
The Philippine Civil Code distinguishes between
two kinds of fortuitous events namely:
1. Ordinary fortuitous events or those which are
common and which the contracting parties could
reasonably foresee e.g. rain.
2. Extra-ordinary fortuitous events which are
uncommon and which the contracting parties could
not have reasonably foreseen e.g. earthquake, fire,
unusual flood.
To be declared that such circumstances are
fortuitous events the following must be considered:
1. The event must be independent of the human will
or the debtor
2. The event could not be foreseen, or if foreseen, is
inevitable
3. The event must be of such a character as to
render it impossible for the debtor to comply with
his obligation in a normal manner
4. The debtor must be free from any participation
in, or the aggravation of, the injury to the creditor,
that is, there is no concurrent negligence on his part.
In case of fortuitous event there are still rules to be
observed: When expressly specified by law.: a) the
debtor is guilty of fraud, negligence, or delay, or
contravention of the tenor of the obligation. (Arts.
1170. 1165, par.3)
Example: S is obliged to deliver a specific horse to
B on August 10. S did not deliver the horse on said
date. If, on August 11, the horse died because it was hit by
lightning, S is not liable if no demand was
made by B. His obligation was extinguished. If the
horse died after a demand was made by B, S is
liable for damages because he is guilty of (legal)
delay. In this case the obligation of S to deliver the
horse is also extinguished but it is converted into
monetary obligation to pay damages. (Art.1165). b)
the debtor has promised to deliver the same
(specific)thing to two or more persons who do not
have the same interest. Example: If S sold and
promised to deliver.
ARTICLE 1175.
Usurious transactions shall be governed by
special laws.
Ang mga usurious transactions ay
papamamahalaan ng mga special laws.
Discussion:
What is Usury?
Usury, as defined in Black’s Law Dictionary, is
the charging of exorbitant and unconscionable rate
of interest, higher than the interest allowed by law.
In layman’s term, it means loan sharking.
Special Laws Regulating Usury:
Central Bank Circular No. 905 which took effect
on January 1, 1983 made the Usury Law legally
non-existent, as declared in the case of Liam Law vs
Olympic Sawmill Co. 129 SCRA 439 (1984). An
excerpt from the case goes:
The special laws that used to govern usury are:
1. Act No. 2655 as amended by Act No. 3998
2. Commonwealth Act No. 399
3. Republic Act No. 337 and
4. Presidential Decree No. 116, 858 and 1684
Rules governing interest rates in relation to usurious
transactions:
1. CBC No. 905 does not repeal the Usury Law.
Only a law can repeal a law. The circular merely
suspended the law’s effectivity.
2. While the Usury Law ceiling on interest rates
was lifted by the CB Circular 905, nothing in the
said circular could possibly be read as granting
carte blanche authority to lenders to raise interest
rates to levels which would either enslave their borrowers
or lead to a hemorrhaging of their
assets (Almeda vs. CA, 256 SCRA 292 [1996]).
3. Increase of interest rate unilaterally without the
consent of the debtor is illegal for it violates the
principle of mutuality of contracts.
4. The determination of the illegality of a stipulated
interest rate depends on the circumstances of the
case.
5. Jurisprudence shows that an interest rate of 12%
to 25% per annum is considered legal.
ARTICLE 1176.
The receipt of the principal by the creditor
without reservation with respect to the interest,
shall give rise to the presumption that said
interest has been paid.
The receipt of a later installment of a debt
without reservation as to prior installments, shall
likewise raise the presumption that such
installments have been paid. (1110a)
Ang pagtanggap ng prinsipal ng pinagkautangan
nang walang reserbasyon sa interest ay magbibigay
ng pag-aakala na na ang nabanggit na interes ay
bayad na.
Ang pagtanggap ng pabaha-bahagyang
kabayaran nang walang reserbasyon sa naunang
installment ay magbibigay rin ng pag-aakala na ang
installment ay bayad na.
Discussion:
A receipt issued by the lessor dated June 1, 1904
to the lessee covering the rent for the month, shows
that the rent for the prior month (May) had already
been paid. The presumption is rebuttal and not
conclusive.
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 the 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. (1111)
Ang mga pinagkakautangan, pagkatapos
ipaglaban ang kanyang pagmamay-ari na nasa may
utang upang ma-satisfy ang claims nito ay maaaring
gamitin ang kanyang karapatan na dalhin lahat ng ksyon ng
may utang para sa katulad na layunin,
maliban na lamang sa mga likas na karapatan sa
isang tao; maaari rin nilang ikondena ang mga
aksyon na ginawa ng may utang upang lokohin sila.
Discussion:
Accion subrogatoria is an action where the
creditor hose claims had not been fully satisfied,
may go after the debtors (third persons) of the
defendant-debtor.
Accion pauliana is an action where the creditor
files an action in court for the rescission of acts or
contracts entered into by the debtor designed to
defraud the former.
ARTICLE 1178.
Subject to the laws, all rights acquired in
virtue of an obligation are transmissible, if there
has been no stipulation to the contrary. (1112)
Naaayon sa batas, lahat ng karapatang nakamtan
sa pamamagitan ng isang obligasyon ang maaaring
ilipat, kung walang nakasaad na taliwas dito.
Discussion:
Rights that do not fall under the exceptions are
considered assignable or alienable, but as a general
rule, rights are transmissible except for the
following:
a.) those not transmissible by their nature like
purely personal rights;
b.) those not transmissible by provision of law.