1.1174 - characteristics: fortuitous events a.

the cause of the unforeseen and unexpected occurrence or the failure of the debtor to comply with his obligations must be independent of the human will b. it must be impossible to foresee the event which constitute the caso fortuito or if it can be foreseen, it must be impossible to avoid c. the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner d. the obligor must be free from any participation in the aggravation of the injury resulting to the creditor 2.1177 - creditors rights: accion subrogatoria a. to levy by attachment and execution upon all the property of the debtor, except such as are exempt by law from execution b. to exercise all the rights and actions of the debtor, except such as are inherently personal to him c. to ask for the rescission of the contracts made by the debtor in fraud of their rights 3.1177 - requisites: accion subrogatoria a. the creditor has an interest in the right or action not only because of his credit but because of the insolvency of the debtor b. malicious or negligent inaction of the debtor in the exercise of his right or action of such seriousness as to endanger the claim of the creditor c. the credit of the debtor against the third person is certain, demandable and liquidated d. the debtors rights against the third person must be patrimonial or susceptible of being transformed to patrimonial value for the benefit of the creditor e. (**it is essential that the creditors claim be prior to the acquisition of the right by the debtor) 4.1381 - requisites: accion pauliana (rescission) a. that the plaintiff asking for rescission has a credit prior to the alienation, although demandable later b. that the debtor has made a subsequent contract conveying a patrimonial benefit to a third person c. that the creditor has no other legal remedy to satisfy his claim but would benefit by the rescission of the conveyance to the third person d. that the act being impugned is fradulent e. that the third person who received the property conveyed, if it is by onerous title, has been an accomplice in the fraud 5.1189 - effects: loss/deterioration/improvement a. if the thing is lost without the fault of the debtor, the obligation shall be extinguished b. if the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it

c. d.

e. f.

perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered when the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor if it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case if the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor if it is improved at the expense of the debtor, he shall have no other right that that granted to the usufructuary

6.1252 - limitations: application a. creditor cannot be compelled to receive partial payments b. if there is only one obligation bearing stipulated interest, the debtor cannot apply the payment to the capital, because the law requires its application to interest first c. the debtor cannot apply the payment to a debt that is not yet liquidated d. he cannot choose a debt with a period for the benefit of the creditor, where the period has not yet arrived e. when there is an agreement as to the debts which are to be paid first, the debtor cannot vary the agreement 7.1256 - exceptions: consignation a. when the creditor is absent or unknown, or does not appear at the place of payment b. when he is incapacitated to receive the payment at the time it is due c. when, without just cause, he refuses to give a receipt d. when two or more persons claim the same right to collect e. when the title of the obligation has been lost 8.1267 - requisites: manifestly difficult a. the event or change in circumstances could not have been foreseen at the time of the execution of the contract b. it makes the performance of the contract extremely difficult but not impossible c. the event must not be due to the act of any of the parties d. the contract is for a future prestation 9.1270 - requisites: remission a. the debt must be existing and demandable at the time the remission is made b. the renunciation of the debt must be gratuitous, or without any equivalent or consideration the debtor must accept the remission