OBLIGATION juridical necessity to give, to do or not to do FORTUITOUS EVENT cannot be foreseen, if foreseen, inevitable

General Rule: No person liable to fortuitous event.

4 ELEMENTS OF OBLIGATION Exceptions:
1. ACTIVE SUBJECT (creditor/obligee) whose obligation is 1. Law states
constituted 2. Stipulation/contract states
2. PASSIVE SUBJECT (debtor/obligor) has duty to give, to do or 3. Assumption of risk
not to do 4. Delay
3. OBJECT/PRESTATION subject matter 5. Debtor promises deliver to 2/more persons who do not have
4. JURIDICAL/LEGAL TIE (vinculum/efficient cause) reason same interest (bad faith)

CIVIL OBLIGATION NATURAL OBLIGATION EFFECTS OF FORTUITOUS EVENT to thing to be delivered

derived from positive law derived from equity & justice - extinguish the obligation if determinate; generic does not
enforceable by court action not enforceable by court extinguish the obligation
action
3 MISCELLANEOUS RULES ON PERFORMANCE OF OBLIGA-TION
5 SOURCES OF OBLIGATION 1. When to deliver determinate, accessions (additions/
1. LAW improvements) and accessories (joined/included with the
2. CONTRACTS principal) are INCLUDED even not mentioned.
3. QUASI-CONTRACTS arise from lawful, voluntary acts; no one 2. If debtor fails to do, it shall be DONE AT HIS EXPENSE, same
shall be unjustly enriched... with doing the contravention; poorly done be undone.
2Kinds 3. In obligation not to do, and obligor does what is forbidden, shall
a. Solutio indebiti something received (delivered on a be UNDONE AT HIS EXPENSE.
mistake), no right to demand it
b. Negotiorum gestio voluntary management of 4 GROUNDS; debtor liable for damages
property/affairs of another w/o his knowledge/consent 1. Default/mora
4. QUASI-DELICT/TORTS/CULPA AQUILIANA arise from damage; 2. Fraud/dolo
fault/negligence 3. Negligence/culpa
5. CRIMES/ACTS/OMISSIONS punished by law arise from civil 4. Contrary to terms of obligation
liability that is a consequence of a criminal offense
1. DEFAULT/MORA delay
DILIGENCE OF A GOOD FATHER OF A FAMILY 3kinds
- care need to be exercised by a debtor to deliver/give a. Mora solvendi debtors delay to give (real ob.), to do
determinate thing (personal ob.)
Exception: When law/stipulation of parties requires a different b. Mora accipiende creditors delay to accept
standard of care (slight/extraordinary diligence). c. Compensatio Morae delay of both in reciprocal obligation

When creditor is entitled to the fruits CONCEPT OF DELAY

Rule: The creditor has personal right (right to ask for delivery) General Rule: No demand, No delay
from the time the obligation to deliver arises. Exceptions:
But NO real right (right enforceable against the whole world) until 1. Law states
it is delivered. 2. Obligation states
3. Time is the essence
3 KINDS OF FRUITS 4. Demand be useless if delay
1. NATURAL w/o human intervention 5. Debtor guilty of delay
2. INDUSTRIAL w/ human intervention
3. CIVIL derived by virtue of juridical relation EFFECTS OF DELAY
1. Damages
Creditors rights if debtor fails to comply w/ the obligation 2. When to deliver determinate thing, STILL LIABLE in fortuitous
1. Determinate event.
a. Performance 2. FRAUD/DOLO conscious, deliberate, intentional evasion of
b. Damages fulfillment
2. Generic 2Kinds
a. Performance a. Dolo causante/Causal fraud fraud in obtaining consent;
b. Damages consent is defective, contract is voidable. Remedy: annulment
c. Obligation be complied at debtors expense b. Dolo incidente/Incidental fraud fraud w/c vitiates consent.
Remedy: damages
Creditors rights if debtor does in contravention
1. Damages
2. Ask it be UNDONE at debtors expense