Академический Документы
Профессиональный Документы
Культура Документы
Suppose agreement is made verbally as to the interest, and the Debtor still paid the interest?
- it is either a case of a Natural Obligation (if intentional payment) or Solutio Indebiti (if payment by mistake).
Voluntary Fulfillment of Natural Obligation Quasi Contract of Solution Indebiti
Payment of interest is made intentionally Payment of interest is made by mistake or error
3. Examples of a natural obligation: Art. 1424-1430
TITLE III: NATURAL OBLIGATIONS
Article 1423. Obligations are civil or natural. Civil obligations give a right of action to compel their performance. Natural obligations, not being based on
positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they
authorize the retention of what has been delivered or rendered by reason thereof. Some natural obligations are set forth in the following articles.
Article 1424. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot
recover what he has delivered or the value of the service he has rendered.
Article 1425. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because
the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor cannot recover what he has paid.
Article 1426. When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian,
after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact that he has not been benefited thereby,
there is no right to demand the thing or price thus returned.
Article 1427. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian,
voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who
has spent or consumed it in good faith. (1160A)
Article 1428. When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of
what he has delivered or the payment of the value of the service he has rendered.
Article 1429. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the
law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer.
Article 1430. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs,
after the settlement of the debts of the deceased, pays a legacy incompliance with a clause in the defective will, the payment is effective and irrevocable.
4. Distinction of Civil and Natural Obligation
CIVIL NATURAL
With right of action Without right of action
- Cr may no longer go to court and demand
- If Dr pays it is a case of Voluntary Fulfillment of Natural
Obligation
Original obligation ~nico Converted obligation
- extinguished civil obligation by way of, say, extinctive
prescription
- Note: what is extinguished is only the civil obligation and not
the natural obligation.
STANDARD OF CARE
I. Bonus Pater Familias – “the diligence of a good father of a family”
A. Def. it is what would have been the action of a very prudent and reasonable person if he is confronted with a given
situation.
B. It is the default standard of care in a Specific Obligation
II. Higher degree of care than PDGFF:
A. Extra-ordinary diligence – Dr is still liable even for fortuitous event Art. 1174
Article 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when
the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which
could not be foreseen, or which, though foreseen, were inevitable.
III. Lower degree of care than PDGFF:
A. E.g. Dr will only observe slight care
B. Note: INVALID if Dr becomes absolutely free from any liability even those arising from his own negligence.
Why? Violation of public policy
IV. Note: the law or stipulation may provide for a standard of care. Absence of which, the default standard is PDGFF
(2) If the Cr has already acquired the rights to the fruits, then the Dr is also obliged to deliver the fruits
Art. 1164 The creditor has a right to the fruits of the thing from the time the obligation to deliver it (the principal thing
which is due) arises. However, he shall acquire no real right over it until the same has been delivered to him.
Q: When will the obligation (to deliver the principal thing which is due) considered to be arisen?
A1: If the source of obligation is other than contract, the obligation will arise as provided for by law
A2: If the source of obligation is contract, the obligation will arise:
GR: from the moment of the perfection of the contract
XPN: ___, unless the obligation is subject to a suspensive condition
XPN XPN: if the obligation is subject to a suspensive term, the obligation is considered arisen from moment of the
perfection of the contract.
Art. 1165 – Remedies available in case of Breach
(3) The Dr has the Obligation to deliver the accessions or the accessories even if they have not been mentioned in the
obligation
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.
(1) To ask another person to perform the obligation to do and charge the cost to the Dr.
- NOTE: The Cr cannot compel the Dr himself against the DR’s wishes to perform the obligation. Rationale: that will be
tantamount to involuntary servitude (bawal sa Const).
- the remedy to ask another person is only available if the personal circumstances of the Dr have not been taken into
account in the constitution of th]e Obligation.
- e.g. Painter (Dr) to paint the portrait (doing). You hired him because of his talent (personal circumstance). The only
available remedy for you to recover is damages
(2) To demand for the undoing, either because:
(a) It was poorly done
(b) Done in contravention of the tenor of the obligation
(3) Damages
Art. 1167 – Positive Personal Obligation “doing”
Article 1167. If a person obliged to do something fails to do it, the same shall be executed (by another person, not by the Dr
himself) 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.
(3) Effect: If the Obligation is to give and the obligation is reciprocal, with respect to the fruits and interest, they are deemed
MUTUALLY COMPENSATED (Wala ng solian; Ratio: avoid accounting)(A. 1187)
b. Resolutory condition / condition subsequent– if the rights or obligations already exist but that right and obligation is subject to
an extinguishment upon the happening of a certain event
(1) Retroactivity: upon the happening of the resolutory condition the obligation is extinguished as if there is no obligation that
took place at all.
(2) Effect
c. Suspensive Condition v. Resolutory Condition
SUSPENSIVE CONDITION RESOLUTORY CONDITION
AKA Condition precedent or antecedent Condition subsequent
Prior to the happening of the event or There is no obligation; There is an existing obligation
45:55 the condition Expectant Creditor
- the right of Exp. Cr. is “expectancy”
or “hope”
Upon the happening of the event Obligation will come into existence Obligation will be extinguished
Everything is obliterated
Effect of the condition (If the Fruits and interest will no longer be Fruits and interest will be returned
Obligation is to give and the obligation returned - Ratio: it is as if there was no
is reciprocal, with respect to the fruits - Ratio: The Cr and Dr are deemed obligation that took place in the first
and interest) MUTUALLY COMPENSATED () place. Producing of nothing to
something.
NCC 1187-1188