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Article 1169 (meaning of delay)

No demand no delay
Except:
1. Obligation or law expressly says so
2. Useless to make a demand
3. Nature and circumstances of the obligation that time is of the essence

Article 1174: definition of fortuitous event


Gr. None liability in case of fortuitous event
Except: reasons why the person is liable even if fortuitous event.
1. law specifically provides so
2. otherwise declared by the parties
3. nature of the obligation requires the assumption of risk
- example: insurance contracts

Exceptions example:
Exception no. 1: when the law expressly states so
Article 1165 one example of law where the obligor is liable
Article 1263 in an obligation to deliver a generic thing (rice, corn, sugar). It
will not extinguish. Even if fortuitous event
Example: deliver 1 truck of rice
Article 1262 if the obligation is to deliver a determinate thing, and if
(fortuitous event) happened without the fault of the debtor provided he has
no incurred delay yet free from responsibility
o

Not free from responsibility if he has incurred delay

Article 1268 the obligation of a determinate thing proceeds from a


criminal offense, the debtor will still has to pay the price, no matter how it is
loss
Except: when he has offered it to the person who shall receive it has
refused to do so without justification
Example: when a theft lost the laptop he stole (even if by a lighting),
he is still liable. Unless, he tried to return it but was unjustly refused.

Article 1170 Who are liable for damages?


1. In the performance of their obligation is guilty of:
Fraud dolo incidenti (fraud in the performance of ones obligation)
Either party can commit fraud
Negligence
Delay
Meaning of frauds/kind of fraud:
Article 1338: causal fraud before the performance of the
obligation.

Insidious words/machinations
Purpose: induce one party to enter into a contact

Article 1170: incidental fraud


There is an obligation already due to both parties
2. Those who contravene the tenor of their obligation

Article 1330: Vices of consent: those which vitiates consent Voidable contracts

Another kind of fraud:


Article 1359 - Theres a meeting of a mind but the true intention is not expressed
in the contract/instrument because of mistake, fraud, inequitable conduct, accident
Remedy: reformation of the contract/instrument to express the true intention
Example: A and B agreed to enter into a deed of mortgage. A instructs C to
draft the contract, what C made was a deed of sale. When A and B signed the
deed of sale, remedy is reformation of contract.

Another kind of fraud:


Article 1381 rescissible contracts: (presence of lesion/economic damage more
than the value of the property)
Remedy: recission of the contract
(par. 3) those entered into fraud of creditors
Article 1387: what are those entered into in fraud of creditors?
All contracts where the debtor alienates property by gratuitous title
and when the donor-debtor did not preserve enough property to pay
his debts

Those alienation by onerous title when a judgement has been rendered


against his property or there was an attachement against his property.
Article 1403 Unenforceable contracts: the court will not do anything or cannot
enforce it. Cannot be recognized.
Remedy: come up with the written agreement, unless waiver or ratification
(par 2) those that does not comply with the statue of fraud: certain
agreements has to be performed in writing.
o

Those agreement that by its terms is not to be performed within 1 year


from the making
Example: entered into an oral agreement with a club that you will
performed in his club within 2 years. After 2 years, you cannot enforce
it.
Special promise to answer for the debt, default, miscarriage of the
other

o
3 kinds of unenforceable contracts:
1. Contracts without authority or insufficient authority
Sell the land of my friend but I have no authority without authority
2. Statute of frauds
o must be reduced into writing
o 6 kinds of agreement
3. Both parties are incapable of giving consent

Last kind of fraud:


Article 45, family code:
(par 3) consent of either party was obtained thru fraud:
Unless the party with full knowledge of the facts of the fraud, freely cohabited
with the other as husband/wife
Meaning of fraud under the family code:
Article 46: the following constitutes fraud. (concealment/nondisclosure of certain
facts)
Remedy: the disclosure
-

Non-disclosure of the previous conviction of the final judgement of a crime


involving moral turpitude
The fact the she was pregnant by a man other that her husband
Concealment of an STD (regardless of the nature) existing at the time of
marriage

Concealment of drug addiction, homosexuality, lesbianism, habitual


alcoholism existing at the time of marriage

Different kinds of obligations:


Article 1179. Pure obligations are demandable at once
-

No conditions
Not a pure obligation: I will give you my ball pen tomorrow
Immediately demandable
o Those whose performance does not depend upon a future/certain
event
o Or depends upon a past event unknown to the parties

Article 1179 (par 2) R-E-S-R


Resolutory condition (demandable at once)
o
o

The happening of the condition extinguished the obligation


Demandable without prejudice the happening of the event

Suspensive condition
o

The happening of the condition give rise to the obligation

Article 1193: Obligations with a period


-

Obligations with a fulfillment fixed on a day certain, is only demandable when


the day comes
o Must be fixed on a day certain.
o Example: specific date. I will give you flowers on valentines 2018.

Obligations with a resolutory period take effect at once but terminates upon
the arrival of the day certain

Day certain? That which must necessarily come, although unknown when

Article 1189: rules in case of loss/deterioration of the thing during the pendency of
the condition in obligations with suspensive conditions.
-

The thing is lost without the fault of the debtor, extinguish the obligation
The thing is lost thru the fault of the debtor, he shall pay of damages
When is a thing lost?
Perishes
Goes out of commerce

Disappears in such a way that its existence is unknown or


cannot be recovered
The thing deteriorates without the fault of the debtor, the impairment is
borne/shouldered by the creditor
If the thing deteriorates with the fault of the debtor, options of the creditor:
o Rescission of the obligation plus damages (indemnity)
o Fulfillment of the obligation plus damages (indemnity)
The thing is improved by nature or by time, the improvement shall inure to
the benefit of the creditor
If the thing is improved a the expense of the debtor, no other right than that
granted to a usufruactry

Example: A will have the land if he passes the Bar exams. (subject to a suspensive
condition)

Article 1190. Resulotory conditions

Obligations with a period


Article 1196. obligation with a period, it is presumed that the period is for the
benefit of both the parties (debtor and creditor).
Except: when the tenor of the same/circumstances appears that the period was
establish for either of the party.
Example: A to deliver a car on December 25, 2016 to B.
o
o

A cannot be compelled to deliver the car before the period


B cannot be compelled to receive the car before the period

Alternative obligations:
Article 1199. When a person is alternatively bound by different prestations
-

Shall only completely perform one of them


The creditor cannot be compelled to receive a part of one prestations and the
other part of the other undertaking
The laws says cannot be compelled, but may receive, the creditor has the
discretion to receive or not.
o Example: A promises to give a car, or a diamond ring, or a parcel of
land.
o B cannot be compelled to receive part of the diamond ring or part of
the land, unless he decides so.

Article 1200. right of choice belongs to the debtor, unless it has been expressly
granted to the creditor
Article 1202.

Article 1205. when the right of the choice is expressly granted to the creditor, the
obligation is no longer an alternative condition from the day the choice has been
communicated to the debtor.
Until the creditor communicated his choice, the following rules shall apply to govern
the responsibility of the debtor:
-

When one of the thing was lost thru fortuitous event, the debtor shall perform
his obligation by delivering what has been remained..

Facultative. Only one obligation/

Article 1206. Facultative obligations:


-

Only one prestations has been agreed upon.


But the obligor may render another thing as a substitute.

The loss or deterioration of the thing intended as a substitute thru the negligence of
the debtor, will not make the debtor liable.
But once the substitution has been made, the debtor is liable for the loss of the
substitute on account of delay, negligence, fraud.;

Joint and solidary obligations


Article 1207:
Joint obligations to each his own
Solidary obligations one for all, all for one

Example: ABC lend 120,00 to DE


A can demand D the 120,000
A can demand E the 120,000
B can demand D the 120,000

B can demand E the 120,000


C can demand D the 120,000
C can demand E the 120,000

Article 1217.
In proportion to the debt of each

ABC are debtors, C (6k)


A is indebted to X 1k
B 2k
C 3k
If A is isolvent, and C is the paying debtpr
How much will B and C pay/born?
2 plus 3 is 5
1k / 5
200 each share
B 400 plus 2k
C 600 plus 3k

1223
1224
1226 liquidated damages
Contractor and owner
Subject to a penalty clause
If the engr does not complete in 6 months, pay penalty

Extinguishments of obligations
1231
1262

1279
Full reim
Beneficial reim

1457
Prelim