NATURE AND EFFECTS OF OBLIGATIONS

REAL OBLIGATIONS
-Obligation to give
-Obligation of the debtor or obligor to deliver a thing, movable or immovable, to the creditor ar
obligee for the purpose of transferring ownership or for the use of possession of the recipient.

DETERMINATE THING
-A thing is determinate when it is particularly designated or physically segregated from all
others of the same.

Generic or Indeterminate thing?

-The object there of is designated merely by its class or genus without any particular
designation or physical segregation from all others of the same class, the loss or destruction of
anything of the same kind even without the debtor's fault and before he has inenrred in delay
will not have the effect of extinguishing the obligation.

PERSONAL ODLIGATION
-Obligation to do and not to do
-Obligation to do is also known as a positive personal obligation while obligation not to do is
also known as negative personal obligation.

Negative Personal Obligation (obligation not to do)

-This is the obligation of the debtor or obligor not to perform some act in favor of the creditor
or obligee.

PERSONAL RIGHT VS. REAL RIGHT

OBLIGATIONS OF THE DEBTOR

1. obligations in obligation to deliver a specific thing:

A. to deliver the thing.
B. To take care of the thing before delivery.
C. To deliver the fruits of the thing OF THE DR.
D. To deliver accessions and accessories although they were not mentione.
E. To pay damages if guilty of fraud, negligence, delay, or contravention of the terms of the
obligation.

KINDS OF FRUITS
1.Natural Fruits-These are the spontaneous products of the soil, and the young and other
products of animals.

2. Industrial Fruits- those produce by lands of any kind through cultivation or labor.
3. Civil Fruits-These are the rents of buildings, the price of leases of lands of any kind leases
of lands and other property and the amount of perpetual of life annuities or other similar
income.

OBLIGATIONS OF THE DEBTOR

2. obligations in obligation to deliver a generic thing:

1. to deliver the thing.
2. to bear the expenses of having someone else comply with the obligation.
3. To pay damages if guilty of fraud, negligence, delay, or contravention of the terms of the
obligation.

OBLIGATIONS OF THE CREDITOR

3. Obligations in obligation to do:

A to do the obligation.
B To bear the expenses of having someone else comply with the obligation.
C To undo what has been poorly done.
D. To pay damages if guilty of fraud or negligence. delay, or contravention of the terms of the
obligation.
OBLIGATIONS OF THE CREDITOR

4. Obligations in obligation not to do

A. Not to do what has been forbidden.
B. To undo what has been done is forbidden.
C. To pay damages if guilty of fraud, negligence, delay, or contravention of the terms of the
obligation.

REMEDIES OF THE CREDITORS

a. If the debtor fails to perform his obligation to deliver determinate thing.
b. If the debtor fails to perform his obligation to deliver a generic thing.
c. If the debtor fails to perform his obligation in obligations to do.
d. If the debtor fails to perform the obligation or performs it but contravenes the tenor.
e. If the debtor performs an obligation but does it poorly.

DIFFERENT MODES OF VOLUNTARY BREACH OF THE OBLIGATION

1. Fraud or dolo:
2. Negligence or culpa;
3. Delay or Default or More; and
4. Contravention of the tenor of the obligation.

FRAUD
-refers to all kinds of deception, whether through insidious machination, manipulation,
concealment or misrepresentation, that would lead an ordinary prudent person into error after
taking the circumstances into account.

KINDS OF FRAUD
a. Dolo causante or causal fraud
-basically, a deception used by one party prior to or simultaneous with the contract,
to secure the consent of the other.
b. Dolo incident or incidental fraud
- In contradistinction, only some particular or accident. of the obligation is referred to by
incidental fraud or dolo incident or that which is not serious in character and without which the
other party would have entered the contract anyway.

NEGLIGENCE
- omission to do something, which a reasonable man, guided by those considerations, which
ordinarily regulate the conduct of human affairs, would do; or the doing of something, which a
prudent and reasonable man would not do. It is want of care required by the circumstances.

KINDS OF NEGLIGENCE
a. Culpa Contractual
-Fault or negligence of ligor by virtue of which he is unable to fulfil his obligation arising from a per
existing contract.

b. Culpa Aquiliana/Quasi-delict
-Fault or negligence of a person, whose failure to observe the required diligence to the
obligation. causes damage to another.
c. Culpa Criminal
-Fault or negligence which results in the commission of a crime.

Delay or Default or Mora

-the failure to perform the obligation in due time because of dolo (malice) or culpa (negligence).

KINDS OF DELAY
A. Mora Solvendi
-delay on the part of debtor.

Kinds of Mora fora Solvendi

1. Mora Solvendi Ex Re
-delay in real obligation.
2. Mora Solvendi Ex Persona
-delay in personal obligation

B. Mora accipiendi
- delay on the part of creditor
C. Compensatio more
-delay both creditor and debtor.

Contravention of the tenor of the obligation

- violation of a contract or breach of contract.

KINDS OF DAMAGES UNDER THE CIVIL CODE:

1. Actual or Compensatory

2. Moral

3. Nomina

4. Temperate or moderate

5. Liquidated

6. Exemplary or corrective

FORTUITOUS EVENT
- Is any event which cannot be foreseen, or which, though foreseen, is inevitable.

PRESUMPTIONS
-A legal inference or assumption that a fact exists based on the known or proven existence of some
other fact or group of facts

. Most presumptions are rules of evidence calling for a certain result in a given case unless the adversely
affected party overcomes it with other evidence.

A presumption shifts the burden of production or persuasion to the opposing party, who can then
attempt to overcome the presumption.

KINDS OF PRESUMPTIONS
1. Disputable Presumption
- A presumption is disputable or rebuttable if it may be contradicted or overcome by other
evidence.
2. Conclusive Presumption
- A presumption is conclusive when the presumption becomes irrebuttable upon the
presentation of the evidence and any evidence tending to rebut the presumption is not
admissible.

Disputable Presumption
1. The receipt of the principal by the credtor without reservation with respect to the interest
shall give rise to the presumption that said interest has been paid.
2. The receipt of a later installment of a debt without reservations as to prior installments shall
likewise raise the presumption that such installment have been paid.