Obligation to give: Rights of the Creditor Determinate Thing: 1. Spec Specif ifc c pero perorm rman ance ce;; 2. Damages in case o breach o obligation. Indeterminate Thing: 1. Ask or or pero perorm rmanc ance e o obliga obligatio tion; n; 2. Ask tha thatt the obli obligat gation ion be be compl complied ied with at the expense o the debtor; 3. Damages in case o breach o obligation. Obligation to gie! D"ties o the Debtor Determinate Thing: 1. Delier the thing which he has obligated himsel to gie; 2. #ake ake car care o the thing thing with with prop proper er dili dilige genc nce e o a good good ath ather er o a amil$; 3. #o delier all accessions and accessories; %. Damages in case o breach o obligation. Positive Obligation to do: Eect of Breach 1. &eror erorm m or exec exec"t "te e the the obli obliga gati tion on at the expense o the obligor; and damages; 2. #o ask that that what what has has been been poorl poorl$ $ done be "ndone. Negative Obligation to do: Eect of Breach 1. 'ndone 'ndone the the sam same e at the the expe expense nse o the obligor; 2. Damages. Breach of Obligation due to ora (ora (ora sign signif ifes es the the idea ideall dela dela$ $ in the the "lfllment o an obligation. !inds of ora 1. (ora (ora sole solendi ndi ) dela dela$ $ o the the obligo obligorr or debtor to perorm his obligation; 2. (ora accipiendi ) dela$ o the oblige or creditor to accept delier$ which is the ob*ect o the obligation;
3. +ompen +ompensa saton ton mora morae e ) the the dela dela$ $ o the parties in reciprocal obligations. Time: Obligor incurs dela" #he debtor inc"rs dela$ rom rom the time the cred credit itor or *"di *"dici cial all$ l$ or extra xtra*" *"di dici cial all$ l$ demand demands s rom rom him the "lfll "lfllmen mentt o his obligation and in spite o demands, he is "nable to compl$ with the obligation. Demand: #hen not necessar" 1. -hen obligation or the law expressl$ so declares; 2. -hen rom the nat"re and the circ"mst circ"mstance ances s o the obligati obligation on it appears that the designation o the time when the thing is to be deli delie erred or the the ser seric ice e is to be rendered was a controlling motie or the establishment o the contract; or 3. -hen -hen deman demand d wo"ld wo"ld be be "seles "seless, s, as as when when the obligo obligorr has rende rendere red d it be$ond his power to perorm. Dela" in Reci$rocal Obligations eit eithe herr part part$ $ inc" inc"rs rs dela dela$ $ i the the othe otherr does not compl$ or is not read$ to compl$ in a proper manner with what is inc"mb inc"mbent ent "pon "pon him. him. /rom rom the moment moment one o the partie parties s "lfll "lfll his obliga obligatio tion, n, dela$ b$ the other begins. Dela" b" means of %raud or Dolo /ra"d or dolo consists in the conscio"s and inte intent ntio iona nall prop propos osit itio ion n to ead eade e the the normal "lfllment o an obligation. Distinguish: Dolo causante and dolo incidente #he frst is present present onl$ d"ring the perorma perormance nce o a pre0ex pre0existi isting ng obligation obligation,, whereas the second is present onl$ at the time o the birth o the obligation. #he frst is emplo$ed or the p"rpose o ead eadin ing g the the norm normal al "lf "lfll llme ment nt o an obligation, whereas the second is emplo$ed or the p"rpose o sec"ring the consent o the other part$ to enter into the contract.
#he frst res"lts in the non"lfllment or breach o the obligation, whereas the second, i the reason or the other part$ "pon whom it is emplo$ed or entering into the contract, res"lts in the itiation o his consent. #he frst gies rise to a right o the creditor or oblige to recoer damages rom the debtor or obligor, whereas the second gies rise to right o the innocent part$ to ask or the ann"lment o the contract i the ra"d is ca"sal or to recoer damages i it is incidental. Dela" b" means of Negligence or Cul$a #he a"lt or negligence o the obligor consists in the omission o that diligence which is re"ired b$ the nat"re o the obligation and corresponds with the circ"mstances o the persons, o the time, and the place. -hen negligence shows bad aith. Test of Negligence Did the deendant in doing the alleged negligent act "se the reasonable care and ca"tion which h an ordinar$ pr"dent person wo"ld hae "sed in the same sit"ation. Distinguish: Cul$a Contractual and Cul$a &c'uiliana n c"lpa contract"al, there is a pre0existing contract"al relation in c"lpa ac"iliana there is none. n the frst, the negligence o the deendant is merel$ an incident in the perormance o an obligation; in the second it is s"bstantie and independent. n the frst, the so"rce o the liabilit$ o the deendant is the breach o contract; in the second, the so"rce is the deendants negligent act or omission itsel. n the frst, proo o the contract and o its breach is s"4cient prima acie to warrant recoer$, in the second the negligence o the deendant m"st be proed. %ortuitous Event
An eent which cannot be oreseen or which tho"gh oreseen is ineitable. !inds of %ortuitous Event 1. /ort"ito"s eent proper ) an eent which absol"tel$ independent o h"man interention; 2. /orce ma*e"re ) an eent which is dependent "pon h"man interention other than that o the obligor. Rule regarding %ortuitous Events 5xcept in cases expressl$ specifed b$ law, or when it is otherwise declared b$ stip"lation, or when the nat"re o the obligation re"ires the ass"mption o risk, no person shall be responsible or those eents which co"ld not be oreseen, or which tho"gh oreseen, is ineitable. Re'uisites of %ortuitous Events 1. #he ca"se o the breach o the obligation m"st be independent o the h"man or o the will o the debtor; 2. #he eent m"st be either "noreseeable or "naoidable; 3. #he eent m"st be s"ch as to render it impossible or the debtor to "lfll his obligation in a normal manner; %. #he debtor m"st be ree rom an$ participation in, or aggraation o the in*"r$ to the creditor. Other Instances (here a $erson is made civill" liable b" a fortuitous event 1. Ob*ect o the obligation is lost and is d"e partl$ to the a"lt o the debtor; 2. Ob*ect o the obligation is lost ater the debtor has inc"rred dela$; 3. Debtor promised to delier the same thing to two or more persons who do not hae the same interest; %. Obligation is generic. !IND) O% OB*I+&TION 1. &"re, conditional and with a term or period; 2. Alternatie and ac"ltatie;
3. 6oint and solidar$; %. Diisible and indiisible; 7. -ith and witho"t a penal cla"se. Pure Obligation A p"re obligation is one whose e8ectiit$ or exting"ishment does not depend "pon the "lfllment or non"lfllment o a condition or "pon the expiration o a term or period, and which, as a conse"ence, is characteri9ed b$ the "alit$ o immediate demandabilit$. Conditional Obligation -hen its e8ectiit$ is s"bordinated to the "lfllment or no0"lfllment o a "t"re and "ncertain act or eent. Re'uisite of a Condition A condition ma$ be defned as a "t"re and "ncertain eent "pon which an obligation is s"bordinated or made to depend. #he re"isites are! 1. /"t"rit$; 2. 'ncertaint$. Classi,cation of Conditions 1. S"spensie ) when the "lfllment o the condition res"lts in the ac"isition o rights arising o"t o the obligation; 2. :esol"tor$ ) when the "lfllment o the condition res"lts in the exting"ishment o rights arising o"t o the obligation; 3. &otestatie ) when the "lfllment o the condition depends "pon the will o a part$ to the obligation. %. +a"sal ) when the "lfllment o the condition depends "pon chance andor "pon the will o a third person. 7. (ixed ) when the "lfllment o the condition depends partl$ "pon the will o a part$ to the obligation and partl$ "pon chance andor the will o a third person. Can an uncertain $ast event be considered a condition
5xception, i the past eent is alread$ known to the whole world b"t "nknown to parties, so that proo o ascertainment thereo will come to pass, altho"gh it ma$ not be known when or i the past eent is "nknown to the whole world as well as to the parties, so that proo or ascertainment thereo ma$ or ma$ not happen. Eects of )us$ensive Condition the S"spensie condition is "lflled, the obligation arises or becomes e8ectie. it is not "lflled no *"ridical relation is created. n other words, rights are not $et ac"ired, bet there is a hope or expectanc$ that the$ will soon be ac"ired. Eect of Resolutor" Condition the :esol"tor$ condition is "lflled, the obligation is exting"ished. / the second is not "lflled, the *"ridical relation is consolidated. n other words, rights are alread$ ac"ired. Eects of Potestative. Casual and i/ed Conditions the condition is potestatie in the sense that the "lfllment depends excl"siel$ "pon the will o the debtor, the conditional obligation shall be oid. the condition is potestatie in the sense that its "lfllment depends excl"siel$ "pon the will o the creditor the conditional obligation shall be alid. the condition is cas"al in the sense that its "lfllment depends "pon chance andor "pon the will o a third person, the obligation shall be alid. the condition is mixed in the sense that its "lfllment depends partl$ "pon the will o a part$ to the obligation and part$ "pon chance andor the will o third person, the obligation shall be alid.
*imitation: Potestative Condition being 0oid 1. #he r"le is applicable onl$ to a S"spensie condition. 2. Applicable onl$ to an obligation which depends or its perection
"pon the "lfllment o the potestatie condition and not to a pre0existing obligation. Obligation )ub1ect to )us$ensive Condition: *ost. Deteriorated or Im$rovements (ere introduced 1. the thing is lost witho"t a"lt o the debtor, the obligation shall be exting"ished; 2. the thing is lost thro"gh the a"lt o the debtor, he shall be obliged to pa$ damages; 3. -hen the thing deteriorates witho"t the a"lt o the debtor, the impairment is to be borne b$ the creditor; %. it deteriorates thro"gh the a"lt o the debtor, the creditor ma$ choose between recission o the obligation and its "lfllment, with indemnit$ or damages in either case. 7. the thing is improed b$ its nat"re, or b$ time, the improement shall in"re to the beneft o the creditor; =. it is improed at the expense o the debtor, he shall hae no other right than that granted to the "s"r"ct"ar$. Reci$rocal Obligation :eciprocal obligation are those which are created or established at the same time, o"t o the same ca"se, and which res"lt in m"t"al relationship o creditor and debtor between the parties. Eect: %ailure to Com$l" of One in Reci$rocal Obligations n*"red part$ ma$ choose between the "lfllment and the rescission o the obligation, with the pa$ment o damages in either case.
Obligations (ith a Period #hose whose demandabilit$ exting"ishment are s"b*ect to expiration o a term or period. Term or Period
or the
s an interal o time, which, exerting and in>"ence on an obligation as a conse"ence o a *"ridical act, either s"spends it demandabilit$ or prod"ces the exting"ishment thereo. !inds of Obligations (ith a Term or Period 1. S"spensie or :esol"tor$ ) a period is s"spensie when the obligation becomes demandable onl$ "pon the arrial o a da$ certain. t is :esol"tor$ when the obligation is demandable at once, altho"gh it is terminated "pon the arrial o a da$ certain. 2. ?egal, conentional or *"dicial ) t is legal when it is granted b$ law; conentional when it is stip"lated b$ the parties; and *"dicial when it is fxed b$ the co"rt. 3. Defnite or indefnite ) A period is defnite when the date or time is known beorehand, and indefnite when it can onl$ be determined b$ an eent which m"st necessaril$ come to pass, altho"gh it ma$ not be known when. Obligation (ith a Term or Period: %or #hose bene,t t is pres"med to be or the beneft o both the creditor and the debtor. #he ormer cannot demand the perormance o the obligation beore the expiration o the designated period; Instances (here Courts are Em$o(ered to %i/ a Period 1. Obligation does not fx a period b"t rom its nat"re and circ"mstances it can be inerred that a period was intended b$ the parties; 2. the d"ration o the period depends "pon the will o the debtor; 3. the debtor binds himsel to pa$ when his means permit him to do so. Instances (hen the debtor shall lose the right to ma2e use of the $eriod 1. nsolenc$ o the o the debtor, "nless he gies a g"arant$ or sec"rit$ or the debt;
2. -hen he does not "rnish to the creditor the g"aranties or sec"rities which he has promised; 3. -hen b$ his own acts he has impaired said g"aranties or sec"rities ater their establishment, and when thro"gh a ort"ito"s eent the$ disappear, "nless he immediatel$ gies a new one; %. -hen the debtor iolates an$ "ndertaking in consideration o which the creditor agreed to the period; 7. -hen the debtor attempts to abscond. <ernative and %acultative Obligation 1. Alternatie Obligations reer to those *"ridical relations which comprehend seeral ob*ects or prestations which are d"e, b"t the pa$ment or perormance o one o them wo"ld be s"4cient. 2. /ac"ltatie obligations reer to those *"ridical relations where onl$ one ob*ect or prestation has been agreed "pon b$ the parties to the obligation, b"t the obligor ma$ delier or render another in s"bstit"tion. <ernative Obligation: Right to Choose #he right to choose or select the ob*ect to be deliered or the prestation to be perormed among those which are alternatiel$ d"e pertains as a general r"le to the debtor. 5xception! -hen the right has been expressl$ granted to the creditor and when it has been expressl$ granted to a third person. Time: #hen Parties are Bound b" the Choice /rom the er$ moment that it has been comm"nicated b$ the part$ who has the right to make it to the other part$, and the same cannot be imp"gn the choice or selection. Ob1ects of an <ernative Obligation has been Destro"ed
1. the right o choice belongs to the debtor, i the loss is d"e to ort"ito"s eent! a. 2 or more o the ob*ects remain, the obligation still s"bsist retaining its alternatie character; b. onl$ 1 remains, the obligation still s"bsist b"t it ceases to be alternatie; c. none remains, the obligation is exting"ished. 2. the right o choice belongs to the debtor b"t it is d"e to the a"lt o the debtor! a. 2 or more ob*ect remain, the obligation still s"bsist retaining its alternatie character; b. onl$ 1 remains the obligation still s"bsists, b"t ceased to be alternatie; c. none remains, the obligation is conerted into an obligation to indemni$ or damages. 3. the right o choice belongs to the creditor and loss is d"e to a ort"ito"s eent! a. 2 or more ob*ect remain, the obligation still s"bsist retaining its alternatie character, howeer i the he chooses an$ o those which were lost, the debtor is liable or the al"e o the ob*ect pl"s damages. b. onl$ one remains, the obligation still s"bsists, b"t ceased to be alternatie, howeer, i he chooses an$ o those which were lost, the debtor is liable or the al"e o the ob*ect pl"s damages; c. none remains, the obligation is conerted an obligation to indemni$ or damages. %acultative Obligation: )ubstitute is *ost or Destro"ed Through the %ault of the Debtor
the loss took place ater the s"bstit"tion has been made, the debtor is liable or damages. the loss took place beore the s"bstit"tion co"ld be e8ected, the debtor cannot be held liable or damages. 3oint and )olidar" Obligation -hen there is a conc"rrence o 2 or more creditors or o 2 or more debtors in one and the same obligation, s"ch obligation ma$ either be *oint or solidar$. A *oint obligation ma$ be defned as an obligation where there is a conc"rrence o seeral creditors, or o seeral debtors or o seeral creditors and debtors, b$ irt"e o which each o the creditors has a right to demand, while each o the debtors is bo"nd to render, compliance with his proportionate part o the prestation which constit"te the ob*ect o the obligation. A solidar$ obligation ma$ be defned as an obligation where there is a conc"rrence o seeral creditors and debtors, b$ irt"e o which each o the creditors has a right to demand, while each o the debtors is bo"nd to render entire compliance with the prestation which constit"tes the ob*ect o the obligation. Presum$tion: Concurrence of )everal Creditors and Debtors #here is a pres"mption that the obligation is *oint. 5ach creditor is entitled to demand his proportionate share. #hen an Obligation is )olidar" 1. -hen the obligation expressl$ so states; 2. -hen the law re"ires solidarit$; 3. -hen the nat"re o the obligation re"ires solidarit$. Dierent !inds of )olidarit" 1. Actie, among the creditors; 2. &assie, among the debtors; or 3. (ixed, among the creditors and the debtors at the same time. &ctive )olidarit" A tie among seeral creditors o one and the same obligation b$ irt"e o which
each o them, in relation to his co0 creditors, possesses the character o creditor onl$ with respect to his share in the obligation, b"t in relation to the common debtor, represents all o the other creditor. Passive )olidarit" A tie among seeral debtors o one and the same obligation b$ irt"e o which each o them, in relation to the common creditor or creditors, represents all o the other debtors, and in relation to his co0 debtors, possesses the character o debtor onl$ with respect to his share in the obligation. Remission of )olidar" Obligation 'pon the obligation ) i the remission is total, the entire obligation is exting"ished. it is partial, the obligation is exting"ished in that part or aspect thereo to which the remission reers. 'pon the solidar$ creditor ) #he solidar$ creditor responsible or the remission shall be liable to the other solidar$ creditors or the shares in the obligation corresponding to them. 'pon the solidar$ debtors ) #he e8ects o remission are as ollows! 1. remission coers the entire obligation, then the obligation is totall$ exting"ished and the entire *"ridical relation among the debtors is terminated altogether. 2. the remission is or the beneft o one o the debtors and it coers his entire share in the obligation, he is completel$ released rom the creditor or creditors, b"t he is still bo"nd to his co0debtors. 3. the remission is or the beneft o one o the debtors and it coers onl$ a part o his share, his character as solidar$ debtor is not a8ected. Eect of Pa"ment b" One Debtor is )olidar" Obligation #here arises immediatel$ a conse"ent right o s"ch debtor to claim rom his co0 debtors the share o which corresponds to
them, with interest alread$ made.
or
the
pa$ment
Defenses &vailable to )olidar" Debtor if Proceeded &lone 1. Deenses deried rom the nat"re o the obligation; 2. Deenses personal to him or pertaining to his own share; 3. Deenses personal to the others, b"t onl$ as regards that part o the debt or which the latter are responsible. Divisible and Indivisible Obligation Diisible obligations are those which hae as their ob*ect a prestation which is s"sceptible o partial perormance witho"t the essence o the obligation being changed. ndiisible obligations, are those which hae as their ob*ect a prestation which is not s"sceptible o partial perormance, beca"se the essence o the obligation will be changed. Obligation (ith a Penal Clause s one with an accessor$ "ndertaking b$ irt"e o which the obligor ass"mes a greater liabilit$ in case o breach o obligation.
Penal Clause s an accessor$ obligation attached to a principal obligation b$ irt"e o which the obligor is bo"nd to pa$ a stip"lated indemnit$ or to perorm an agreed prestation or the p"rpose o ins"ring the perormance o the principal obligation. !inds of Penalties 1. ?egal or conentional ) legal when constit"ted b$ law and conentional when it is constit"ted b$ agreement o parties; 2. +ompensator$ or p"nitie ) +ompensator$ when it is established or the p"rpose o indemni$ing the damages s"8ered b$ the oblige or creditor in case o breach o the obligation; it is p"nitie when it is established or the p"rpose o p"nishing the debtor in case o breach o the obligation; 3. S"bsidiar$ or *oint ) s"bsidiar$ when onl$ the penalt$ ma$ be demanded in case o breach; it is *oint when the in*"red part$ ma$ demand the enorcement o both the penalt$ and the principal obligation.
