KATE RAMOS PABULAR 1BSA-3

LAW ON OBLIGATION AND CONTRAST

OUTLINE and COMPARE Duties and Rights by Kind of Prestation

 RIGHTS OF THE
KATE RAMOS
TABLE PABULAR
COMPARISON OF DUTIES AND RIGHTS DUTIES/ CREDITOR1BSA-3
LAW ON OBLIGATION AND CONTRAST
BY KIND OF PRESTATION OBLIGATIONS (In case of non-
(Chapter 2: Nature and Effect of Obligations) OF THE DEBTOR fulfillment of debtor’s
duties and obligations)

 The obligation  The creditor can

of the obligor is demand specific
to handle the performance or
specific thing fulfillment (if it is
with due possible) of
diligence and the obligation with
regular care. But a right to indemnity
the amount of for damages.
due diligence  As to common
needed depends rights of specific
on the and generic:
significance or 1. Right to demand
nature of the payment of
duty. damages if debtor
 The debtor or is guilty of fraud,
obligee is negligence, or delay
obligated to in the performance
furnish the of their obligation
obligee or lessee and those rules in
with a good or any manner
service that is contravene its
physically tenor.
separate from  As to right of action
all other debtors in relation to
of the same primary obligation:
kind. 1. Specific performance
 Preserve or take 2. Rescission of a
care of the reciprocal obligation to
thing. ( The debtor in case breach.
obligor has the  As to rights of
incidental duty action in relation to
to take care of accessory obligation
the thing due) unless otherwise
 Deliver the agreed.
fruits of the 1. Right to compel
thing. The delivery of fruits accrued
creditor has a from perfection of
SPECIFIC/
right to the contract.
DETERMINA
fruits of the 2. Right to compel
TE
thing from the delivery of accessions
Things
time the and accessories present
obligation to a perfection of contract
deliver it arises. even if not specific in
However, there contract.
is no real right 3. Right to hold debtor
until the same liable for loss even if
has been resulting from fortuitous
delivered to event when loss
him. Civil Code, occurred during delay or
Art. 1164, par.1) when thing was
 Deliver the promised to two
accessions and creditors with different
accessories. interest prior to loss.
(Under article
1166)
 Deliver the
thing itself. (The
debtor of a
thing cannot