You are on page 1of 4

1157.

Obligations arise from:


- Law
-Contratcts
- Quasi-Contracts
-Acts or ommissions punished by law
-Quasi-delicts

1163. Every person obliged to do or give something shall also be obliged to take
care of it like a good father of the family, unless the law or stipulation requires
another standard of care

1169. The debtor obliged to give something shall incur delay from the time the
creditor judicially or extrajudicially demands from him the performance of the
obligation.
However, demand from the creditor is not necessary for delay to occur
-

When the law r obligation expressly so declares


When from the nature and circumstance of the obligation it may b inferred
that the time designated for the delivery or to render service is a controlling
motive for the establishment of the obligation
When the obligor declared it beyond his powers to render the obligation

In recepirocal obligations, neither shall incur delay when one of the parties does not
comply or is not ready to perform with what is incumbent upon him. When one of
the parties performs is obligation delay on the other begins.
1170. Those who are in the performance of the obligations are guilty of fraud,
negligence or deceit or who in any manner contravene to the tenor thereof, are
liable for damages.
1189. If the obligation is imposed with a condition intended to suspend its efficacy,
the following rules shall apply in case of improvement, loss or deterioration of a
thing:
- If the loss is without the fault of the debtor, the obligation shall be extinguished
-If the loss is through the fault of the debtor, he shall be liable for damages. A thing
is deemed lost when itperishes or goes out of commerce or disappears in a way that
its existence cannot be known or recovered
-If the deterioration is without the fault of the debtor, its repair shall be borne by the
creditor

-If the deterioration is through the fault of the debtor, the creditor may choose
between the recission or fulfillment of the obligation, he shall also be entitled to
damages in either case
-If the improvement is by nature or time, it shall inure to the benefit of the creditor
-If the improvement was borne by the debtor, it shall be charged to the usufructuary

1196. The debtor shall lose every right to mke use of the period in the following
cases:
-When after the obligation has been contracted, he becomes insolvent unless he
gives a guaranty or security for his debt
-When he fails to give the guaranty or security for his debt as he promised
-When by his actions, he impairs the guaranty or security unless he gives another of
equal quality
- When he attempts to abscond

1231. Obligations are extinughed through the following manner:


-Payment or performance
-Loss of the thing due
-Condonation or remission of the debt
- Confusion or merger of rights of the perons of the creditors and debtors
-Compensation
-Novation
Obligations are also extinguished by annulment, rescission, the fulfillment of the
resolutory condition and prescription are governed elsewhere in this Code.

1241. Payment to a person who is incapacitated to adnminister his property is valid


in so far as it is beneficial to him
Payment to a third person shall also be valid in so far as it redounded to the benefit
of the creditor. The benefit need not be proved in the following cases:
-When after the payment the third party acquires the crediotrs rights
-The creditor ratifies the payment to the thord person

-When through the actions of the creditor, the debtor is made to believe that the
third party is authorized to receive the payment.

29. 3 KINDS OF CULPA


negligence

Quantum of
evidence
Diligence of a
good father as a
matter of defense

Who has the


burden of proving
negligence

Culpa COntractual
Negligence is
merely incidental
to the erformance
of the obligation
Preponderance of
evidence
Is not a complete
proper defense but
by birtue of
respondeat
superior, damages
may be mitigated
if it has been show
that due diligence
was observed in
the selwction of
employees
It is enough that
there is a failure to
fulfill the contract.
It is the defendant
who has the
burden of proving
that he indeed did
not act negligently

Culpa Aquiliana
Negligence is
direct and
independent

Culpa Delicto
Negligence is
direct and
independent

Preponderance of
evidence
Complete and
porper defese

Guilt beyond
reasonable doubt
NOT a complete
and proper
defense

It is the victim who


ordinarily proves
the negligence on
the part of the
defendant

The accuse dis


innocent until
proven guitly

You might also like