Nature and Effects

of Obligation
 Obligations of person obliged to
give specific or determinate thing
• To preserve and take good care of thing (article 1163);
• To deliver the thing and the fruit (Article 1164);
• To deliver accessories and accessions (Article 1166);
• To pay for damages in case of non-fulfillment (Article
1170)
 Obligation of person obliged to
give specific or determinate thing
• Degree of diligence required:
- provision of law
- agreement of the parties
- good father of the family (in the absence of
both)
 Obligation of person obliged to
give specific or determinate thing
• Kinds of fruits:
Natural- spontaneous product of the soil, the young and product
of animals.
Industrial – produced by lands of any kind through cultivation or
labor.
Civil – product of civilization such as rents of buildings, etc.

• Personal and Real Rights of the obligee

 Obligation of person obliged to
give specific or determinate thing
Kinds of Delivery
1. Actual Delivery/Tradition
2. Constructive Delivery (implied physical transfer)
• Traditio simbolica
• Traditio longa manu
• Traditio brevi manu
• Traditio constitutum possessorium
• Tradio by execution of legal form
 Obligation of person obliged to
give specific or determinate thing
• Accessions - all those which are produced by the thing
which is the object of obligation, as well as those which
are naturally or artificially attached. (e.g trees planted on
the land)
• Accessories – all those which have for their object the
embellishment, use or preservation of another thing which
is more important and to which they are not incorporated
or attached. (e.g. equipment of a factory, tools, key to the
car, charger to the cellphone, etc)
 Obligation of person obliged to
give specific or determinate thing
• Fortuitous Event – an event which could not be
foreseen, or which though foreseen, were inevitable.
(e.g. typhoon, pandemic, epidemic, war, earthquake
etc)
• Effects –
a) Generic or Indeterminate – not extinguish
b) Specific or Determinate - extinguish
 Grounds for damages
(Article 1170)
• Fraud or Dolo (Article 1171)
• Negligence or Culpa (Articles 1172-1173)
• Delay or Mora (Article 1169)
• Contravention of the tenor or agreement (Article
1167, par. 2)
 Grounds for damages
• Fraud or Dolo – is a false representation of a
matter of fact, whether by words or by
conduct, by false or misleading allegations, or
by concealment of that which should have
been disclosed, which deceives and is
intended to deceive another so that he shall
act upon it to his legal injury.
KINDS OF FRAUD/DOLO (Article 1171)
• Causal Fraud/Dolo causanti – refers to those
misrepresentations or a serious character employed by one
party without which the other party would have not entered
into a contract. The purpose of this fraud is to secure the
consent of the other party to enter into contract. (Annulment
of the contract is the remedy)

• Incidental Fraud/Dolo incidenti – refers to those which are not

serious in character and without which the other party would
still have entered into the contract. This is fraud in the
performance of the obligations. (Recovery of Damages is the
remedy)
KINDS OF NEGLIGENCE/CULPA (Article 1172-1173)
• Culpa Contractual – the fault or negligence of the obligor by
virtue of which he is unable to perform his obligation arising
from a pre-existing contract, because of the omission of
diligence which is required by the nature of the obligation and
corresponds with the circumstances of the persons, of the time
and place.

• Culpa Aquiliana (Quasi-Delict) - is the fault or negligence of a

person who because of the omission of diligence which is
required by the nature of the obligation and which must
correspond with the circumstances of the person of the time
and of the place, causes damage to another.
 DELAY/DEFAULT/MORA

Kinds of Default/Mora

• Mora solvendi – delay on the part of the debtor/obligor

• Mora accipiende – delay on the part of the creditor/oblige

• Compensatio Morae – both are in default

No demand; no delay (Article 1169)
Except:

• When the obligation expressly so declares

• When the law expressly so declares

• Time is of the essence for the contract

• Demand is useless

In reciprocal obligations neither party incur in delay unless the

other party is ready to fulfill his obligation.