Nature and Effect of Obligations

Campos, Christian Razel P.

School of Electrical, Electronics, and Computer Engineering
Mapa Institute of Technology
Muralla St., Intramuros, Manila 1002 Philippines
Christian.razel@gmail.com
CW3 : Reported by Group 2

Abstract An Obligation is a lawful 2. Generic or Indeterminate

bond by which at least one
gatherings (obligants) will refers only to a class or genus to
undoubtedly act or cease from which it pertains and cannot be pointed
acting. A commitment in this out with particularity .-it is identified
manner forces on the obligor an only by its specie- the debtor can give
obligation to perform, and all the
anything of the same class as long as it
while makes a comparing
appropriate to request execution is of the same kind.
by the obligee to whom execution
is to be offered. *Duties of debtor in obligation to give
a determinate thing

Keywords obligation, debtor, creditor, 1. Preserve the thing

obligor, oblige, interest, presumption
I. INTRODUCTION
In Merriam-Webster Dictionary [1],
Obligation is defined as: (1) something
that you must do because it is morally
right and; (2) something that you must
do because of a law, rule, promise, etc.
The Civil Code of the Philippines will be
the primary premise and reference in
noting the current issues.
1. Specific or Determinate
Particularly designated or physically
segregated others of the same class.- it
is identified by its individuality- the
debtor cannot substitute it with another
although the latter is of the same kind
and quality without the consent of the
creditor.
a. Diligence of a good father of a
family with ordinary care or diligence
which an average person exercises over
his own property
b. Another standard of care slight or
extraordinary diligence
c. Factors to be considered force
majeure/ fortuitous events
d. Reason for debtors obligation
2. Deliver the fruits of the thing
3. Deliver the accessions and
accessories
4. Deliver the thing itself
5. Answer for damages in case of
non-fulfilment or breach
II. REFERENCE ARTICLES TO ANSWER
THE PROBLEM

For reference and solid justification in
answering the problems, the following
articles are used as basis:
Article 1164. The creditor has a right
2.
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. (1095)
Article 1175. Usurious transactions-
shall be governed by special laws. (n)
III. ANSWERS TO PROBLEMS
1. S (seller) sold to B(buyer) on July5,
a horse named silver to be
delivered on July 20. However, on
July 15, S sold again and delivered
the horse to T. Who has a better
right to Silver?
- T has better right to silver than B
because T already has the horse and all
rights have been passed to him which T
became the true owner of silver
according to article 1164 of nature and
effect of obligation it states that the 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.
D (debtor) borrowed
20,000 Php from C (creditor)
payable after one (1) year? Is D
liable to pay interest?
According to Article 1175. Usurious
transactions shall be governed by
special laws. D is liable to pay interest
to C if: (1) they have explicitly
demanded that a specific amount of
interest might be recuperated by C, and
(2) there is a composed understanding
amongst D and C about the interest.
The payment of the interest is invalid if
there is no concession to the interest in
essence.
IV. ACKNOWLEDGEMENT
I would like to acknowledge other
reactors to this topic for the effective
exchange of ideas with regards to this
matter for it helped me to finish this
case analysis.
V. REFERENCES
[1] MerriamWebster Dictionary,
[2] H. S. De Leon, The Law on
Obligations and Contracts, Quezon City,
REX Printing Company