1. What is the obligation of the person obliged to give something? What is the standard care?

They are obliged to take care of it with the standard care. Standard care would be how a good
father of a family means how the obligor must take care of the thing in the similar way a prudent
person would take care of they’re own property.

2. When is the creditor entitled to the fruits of the thing in an obligation to give? What kind of right
does the creditor have and when does the creditor acquire it?

Creditor has rights to the fruits of the thing from the time the obligation to deliver it arises. The
right commences from the time the object or principal things is due. Only when delivery will the
creditor acquire real rights over the thing (the owner can prevent anyone from using the thing).
Prior delivery, the buyer has only personal right in which they can only demand the delivery of
the thing when it is due.

3. What can the creditor compel the debtor to do AND give if the thing to be delivered is
determinate? How about if the thing is indeterminate?

The creditor may compel the debtor to give or deliver the determinate thing. The debtor is also
obliged to deliver the fruits and the accessions and accessories of the thing. Determinate cannot
be substituted with any other object that is why, if the debtor fails to deliver this, they must tend
to legal remedy. The options would be, the file a specific performance from the debtor, demand
delivery with additional liability for damages, or recession of the contract.

When it comes to indeterminate thing, the debtor can deliver any object as long as it meets the
description of the thing to be delivered. The creditor cannot demand a thing of superior quality
and the debtor cannot deliver a thing of inferior quality. Failure to deliver the indeterminate
thing has the same remedies as delivering the determinate thing, but an additional to the two
remedies is an alternative or substitution of the thing to be delivered.

4. What is a fortuitous event? When is the debtor or obligor responsible for fortuitous events?

Fortuitous events are events are extraordinary circumstances that cannot be foreseen or though
foreseen are impossible to avoid. Due to this, there is a general rule in which it may release an
obligor from liability when they cannot fulfill their obligation. They will only be responsible
during a fortuitous event when they
1. As provided by law. When they violate Art. 1165 (obligor is in delay or promised the
determinate thing to two or more persons who do not have the same interest). And
Art. 1268 if non-fulfillment of the obligation arises from a crime.
2. Stipulation / agreement of parties. If it is stated in the agreement of the parties that
the debtor must be liable for any fortuitous events or that a higher standard of care
is applied to the thing.
3. Assumption of Risk. (stolen motorcycle in repairshop)
 4. Delivery of generic thing. Obligor must replace the generic thing with the same
quality agreed upon.

5. Should a person be responsible for a fortuitous event? What is the general rule and what are the
exceptions?

Basing it on the general rule, a person would be responsible if the fortuitous event happened
due to their negligence that led to another person’s loss or damage or its aggravation. The
exceptions if it is (1) provided by law (2) stipulation / agreement of parties (3) Assumption of risk
(4) Delivery of generic thing.

6. In obligations to do, what are the consequences to the obligor in the following situations:
a. Fails to do it. They may ask a 3rd party to do it at obligor’s expense.
b. Done in contravention of the tenor of the obligation. A 3rd party may be asked to redo it
at obligor’s expense.
c. Poorly done. Can be treated undone and a 3rd party may be asked to redo it at obligor’s
expense.

7. In obligations not to do, what is the consequence if the obligor does what has been forbidden?
A 3rd party may be asked to undo it at the expense of the obligor.

8. When does the obligor incur (legal) delay? What are the instances when demand by the creditor
shall not be necessary?

The obligor will be in legal delay if the following elements of delay were enacted:
a. The obligation is demandable and liquidated.
b. The debtor delays performance
c. The creditor judicially or extrajudicially requires the debtor’s performance.

The exceptions to legal delay would be when

d. Obligation expressly declares (stated in the contract)
e. Law expressly declares (tax payment)
f. Demand is useless (obligor’s fault)

9. When is an obligor or creditor liable for damages? What are the instances?
a. Fraud – deliberate and intentional evasion of the normal fulfillment of obligation.
Voluntary execution of a wrongful act or a willful omission.
b. Negligence – failure of a person to observe for the protection of the interest of another
that degree of care, precaution and vigilance which the circumstances justly demand,
and which causes injury to the other person.
c. Delay or legal delay
d. Contravene tenor of obligation – when there is a breach
10. In obligations to give, what are the presumptions created when the principal obligation is
received without reservation or when a later debt installment is received without reservation?

1. A rebuttal presumption will arise that the interest has already been paid.
2. It will be presumed that earlier installments have been paid. Evidence presented to the
contrary will render the presumption false.

11. What are the remedies of a creditor in case the debtor is unable to pay?
There are 3 remedies in which the creditor may do if the debtor is unable to pay
1. Pursue the property in possession of the debtor to satisfy the claim.
2. Exercise all rights and bring all actions of the debtor. (Run after debtor of debtor through
court action)
3. Impugn (seek recession of the contracts) acts done by debtor in fraud of creditor

12. Are rights to an obligation transmissible? What is the general rule and what are the
expectations?
Yes, rights acquired through an obligation is transmissible, as long as there is no contrary
stipulations, the nature of the obligation prevents transmission ((such as when the contract
requires the parties’ personal qualifications), when the law prohibits the transmission of rights
(as in the case of partnership and agency).