Obligations and Contracts Reviewer #3

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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

This article emphasizes the liability of those who are guilty of fraud, negligence, or delay, and those who
in any manner contravene the tenor of their obligation. They are liable for damages.

Article 1171: Responsibility Arising from Fraud is Demandable in All Obligations, and Fault or Negligence,
Only in Those Expressly Specified by Law

This article emphasizes that responsibility arising from fraud is demandable in all obligations, while fault
or negligence is only demandable in those expressly specified by law.

Article 1172: Responsibility Arising from Fault or Negligence Under the Preceding Article is Entirely
Separate and Distinct from the Civil Liability Arising from Negligence Under the Penal Code

This article emphasizes that the responsibility arising from fault or negligence under the preceding
article is entirely separate and distinct from the civil liability arising from negligence under the Penal
Code.

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 Persons, of the
Time and of the Place

This article emphasizes the importance of diligence in obligations. 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 persons, of the time, and of the place.

Article 1174 of the Civil Code of the Philippines is a crucial provision in the law on obligations and
contracts. It states that a party to a contract may make himself responsible for loss occurring without his
fault. This article emphasizes the importance of clearly expressing the terms of a contract when the
parties desire to create an unusual obligation.

Article 1174: Party to a Contract May Make Himself Responsible for Loss Occurring Without His Fault

This article highlights the principle that a party to a contract may voluntarily assume responsibility for
losses occurring without their fault. This means that if a party chooses to accept certain terms and
conditions in a contract, they are deemed to have assumed the risks associated with those terms. For
example, in the case of Insular Government vs. Armechazurra, the court held that a person who
voluntarily gives a bond for the return of stolen property may not be relieved from responsibility if the
failure to return the property is due to force majeure, such as an attack by a band of robbers.

Article 1175: Responsibility for Fortuitous Events Not Clearly Stipulated

Article 1175 addresses the issue of responsibility for fortuitous events when the contract does not
clearly stipulate the terms. The court holds that in such cases, the party seeking to enforce the contract
must prove that the loss resulted from a fortuitous event. If the loss is proven to be due to a fortuitous
event, the party seeking to enforce the contract must be relieved from their obligation. For example, in
the case of Lizares vs. Hernaez and Alunan, the court held that if the parties to a contract desire to
create an unusual obligation, the expression of an intention to that effect should be clear. If the contract
does not clearly stipulate the terms, the party seeking to enforce the contract must prove that the loss
resulted from a fortuitous event to be relieved from their obligation.

Article 1176: When the Nature of the Obligation Requires the Assumption of Risk

Article 1176 emphasizes that when the nature of the obligation requires the assumption of risk, the
party seeking to enforce the contract must prove that the loss resulted from a fortuitous event. In cases
where the nature of the obligation inherently involves risk, such as insuring a house against fire, the
party seeking to enforce the contract must be relieved from their obligation if the loss is proven to be
due to a fortuitous event

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