The ownership acquire by delivery, the creditor is
not owner of a specific things until the delivery has been delivered to him.
Article 1163. Every person obliged to give something
is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Based in this article refers to an obligation whether specific or generic things.
Specific things or determined things- is the exact
things that both parties have agreed. Debtor cannot substitute to another without the consent of the creditor. The duties of debtor is to take care of the thing with ordinary care to preserve the things. As a general rule, the debtor is not liable if his failure to preserve things is due to his negligence but to fortuitous events/ Accidental event. Generic things is identified by its specie. The debtor can give anything to creditor as long as the same kind. The duties of debtor is to deliver a things which the quality by the parties taking into consideration the purpose of the obligation and either circumstances. Creditor cannot compel to debtor a high quality to deliver and vice versa.
Art. 1165. When what is to be delivered is a
determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. Remedies of creditor in real obligation 1. Specific real obligation - the creditor may exercise the following rights in case the debtor fails to comply his obligation. The creditor have right to demand specific performance or to fulfillment of the obligation w/ a rights to indemnity for damages. Demand cancellation of the obligations also with a rights to recover damages. And demand payment of damages only, where it is the only feasible remedy. 2. Generic real obligation- can be performed by a third person if the debtor can't comply his obligations. Art. 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Meaning of accessions and accessories Accessions - are the fruits of a things or additions to or improvements upon a things. (Ex. Rents of building, air conditioner in car). Accessories- are things joined ti or included with the principal things for the latter's embellishment, better use. (Ex. Key of a car, frame of a picture).
Art. 1164. The creditor has a right to the fruits of the
thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
Different kinds of fruits ( Product)
Natural fruits -are the product of the soil and other product of animal. (Ex. Grass, Trees w/o the intervention of the human labor). Industrial fruits- are the produced by land through the human labor (Ex. Sugarcane, Corn, Vegetables and rice), Civil fruits- are those by virtue of a juridical relation. (Ex. Rents of buildings, Price of leases of lands). There are two rights of a person: 1. Personal right- is the right/power of a creditor to demand from debtor, as a definite passive subject, the fulfillment of the latter's obligation to give, to do, or not to do. 2. Real rights- is the right or the interest of a person over a specific things w/o definite passive subject against whom the rights may be personally enforced. (Ex. Land).
Art. 1167. If a person obliged to do something fails to
do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. Remedies of creditor in positive personal obligations. If the debtor fails to comply with his obligations performed by himself, or by another, unless personal considerations are involved at the debtor's expense. If the obligation is done in violation or poorly done, it may be ordered that it be undone if it is still possible to undo what was done. Performance by a third person.
If the debtor fails to comply with his obligations the
creditor ask to the third person to do what the debtor cannot do. Art. 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Remedies of creditor in negative personal obligations. the remedy of the obligee is the undoing of forbidden things plus damages. Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extra-judicially demands from them the fulfillment of their obligation. Delay - is the situation in which something happen later that it should. Ordinary delay is merely the failure to perform an obligation on time. Legal delay or default or mora is the failure to perform an obligation on time which failure constitutes a breach of the obligation.
Kinds of delay/ default
1
Mora solvendi
-the delay on the part of the debtor to fulfill his
obligation. The effect of mora solvendi are if the debtor is guilty of breach of the obligation. He is liable to the creditor for damages. He is liable even fortuitous event when the obligation is to deliver a determined things. Debtor is not relieved in liability for loss due to a fortuitous event he still compelled to deliver a things of the same kinds. Mora accipiendi -the delay on the part of the creditor to accept the performance of the obligation The effect of mora accipiendi are the creditor is guilty of violation of the obligation. He liable for damages suffered by debtor. Where the obligation is to pay money, the debtor is not liable for the damages from the times of creditors delay Compensatio morae
-the delay of the obligors in reciprocal
obligations. The delay of the obligor cancels the delay of the obligee and vice versa. There is no delay or default by both parties. If the delay of one party is followed by one another. Requisites of delay by the debtor 1. Failure of the debtor to perform his obligation on the date agreed 2. Demand made by the creditor upon the debtor to comply with his obligation which demand be either judicial or extra judicial. 3. Failure of the debtor to comply with such demand. When demand is not necessary to put debtor in delay. 4. Delay by the debtor begins only from the moment a demand, judicial or extra judicial for the fulfillment of the formers obligation is made by the creditor. Art. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. Grounds of liability 1. Fraud (Deceit or dolo) -implies some kind of malice or dishonesty and it cannot cover cases of mistakr and errors of judgment made by good faith
Incidental fraud (dolo incidente) - committed in
the performances of an obligation already existing because of contracts. Causal fraud (dolo causante) - committed by one party before or at time of the celebration of the contract to secure the consent of the others. 2. Negligence (Fault or culpa) - it is voluntary act or omission, there being no bad faith or malice , w/c prevent the normal fulfillment of an obligation. 3. Delay/default 4. Contravention of the terms of the obligation. - this is the violation of the terms and conditions stipulated in the obligation. Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. Responsibility arising from fraud demandable -With respect to all kinds of obligations the court is not given the power to mitigate or reduce the damages
to be awarded. This is because fraud is deemed
serious and evil that is employed to avoid the fulfillment of ones obligation should discouraged Waiver of action for future fraud void. -A waiver of an action for future fraud void as being against the law and public policy. Waiver of action for past fraud valid -A past fraud can be the subject of a valid waiver because the waiver can be considered as an act of generosity and magnanimity on the party who is the victim of the fraud. The waiver must be expressed in clear language which leaves no doubt as to the intention of the obligee to give up his rights against obligor. Art. 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. Responsibility arising from negligence demandable -The court may increase or decrease the damages recoverable. When both parties to a contract are negligent in the performance of their respective obligations, the fault of one may cancel the negligence of others. Validity of waiver of action arising from negligence -an action for future negligence may be renounced except where the nature of the obligation requires the exercise of extraordinary diligence as in the case of common carriers. -Where negligence shows bad faith it is considered equivalent to fraud. Kinds of negligence according to source of obligation. 1 Contractual negligence is merely makes the debtor liable for damages in view of his negligence in the fulfillment of a preexisting obligation. Civil negligence is the source of an obligation between the parties not related before by any preexisting contract and also called a quasi delict. Criminal negligence is a resulting in the commission of a crimes. Art. 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows
bad faith, the provisions of Articles 1171 and 2201,
paragraph 2, shall apply. Fault or negligence -is the failure to observe for the protection of the interest of another person. Factors to be considered. 1. Nature of the obligation 2. Circumstances of the person 3. Circumstances of time 4. Circumstances of the place Measure of liability for damages the damages for w/c the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constitutes. Kinds of diligence. 1. That agreed upon by the parties (verbal/ written). 2. In the absence of stipulation, that required by law in the particular cases. 3. If both the contract and law are silent, then the diligence expected of a good father of a family. Art. 1174. Except in cases expressly specified by the law or when it is otherwise declared by stipulation, or when the nature of obligation requires the assumption of risk, no person shall be responsible for those events which could not be foresee or which though foreseen, were inevitable. Fortuitous event - an events which could not be foresee or which though foreseen, were inevitable. Fortuitous events distinguished from force majeure. 1. Acts of man - is an event independent of the will of the obligor but not of other human wills. 2. Acts of God - those events which are totally independent will of every human being. Also called majeure. Kinds of fortuitous events.
1. Ordinary fortuitous event - those events which are
common 2. Extra ordinary fortuitous events - those events are uncommon and which contracting parties could not have reasonably foreseen. Requisites of a fortuitous event. 1. The events must be independent of the human will and at least of the debtor's will. 2. The event could not be foreseen or if it foreseen it inevitable. 3. The events must be of such a character as to render it impossible for the debtor to comply with his obligation in a normal manner. 4. The debtor must be free from any participation in or the aggravation of, the injury to the creditor that is there is no concurrent negligence on his part. Rules as to liability in case of fortuitous events. 1. When expressly specified by law the debtor is guilty of fraud, negligence or delay or contravention of the tenor of the obligation. the debtor has promised to deliver the same things to two or more persons who do not have the same interest. The obligation to deliver a specific things arises from crime. 2. When declared by stipulation 3. When the nature of the obligation requires the assumption of risk. Art. 1175. Usurious transactions shall be governed by special laws. Simple loan (Mutuum) - is a contract whereby one of the parties delivers to another, money, or other consumable things, upon condition that the same amount of the same kind and quality shall be paid. Usury (Exessive) -is contracting for of receiving interest in excess of the amount allowed by law for the loan or use of money or credits. Requisites for recovery of interest 1. The payment of interest must be expressly stipulate
2. The agreements must be in writings.
3. The interest must be lawful. Art. 1176. The receipt of the principal by creditor, w/o reservation with respect to the interest shall give rise to the presumption that said interest has been paid. The receipt of a later installment of a debt w/o reservation as to prior installments, shall likewise raise the presumption that such installments have been paid. Presumption - meant the inference of a fact not actually known arising from its usual connection with another which is proved. Two kinds of presumption 1. Conclusive presumption - one which cannot be contradicted 2. Disputable presumption - one which can be contradicted or rebutted by presenting proof to the contrary Art. 1177. The creditors, after having pursued the property in possession of the debtor to satisfy their claims may exercise all the rights and brings all the actions of the latter for the same purpose..... Remedies available to creditors for the satisfaction of their claims. 1. Exact fulfillment with the right to damages. 2. Pursue the leviable property of the debtor. 3. Exercise all the rights and brings all the actions of the debtor. 4. Ask the court to rescind or impugn acts or contracts w/c the debtor may have done to defraud him when he cannot in any other manner recover his claim. Art. 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. Transmissibility of rights. All rights acquired in virtue of an obligation are generally transmissible.
1. Prohibited by law - by laws the rights in partnership,
agency and commodatum. a. By the contract of partnership b. By the contract of agency
c. By the contract of commodatum
2. Prohibited by stipulation of the parties. When prohibited by stipulation of the parties. like the stipulation that upon death of the creditor .