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Atty. Risel Castillo-Taleon not a defense to exempt the employer from the civil
Dizon2012 liability
QUALIFY MY ANSWER… or MISS IT DEPENDS, What are the obligations of the Debtor if the object is
IF…” generic? Determinate thing?
The following are the obligations of the debtor if the
IN EXAMS, it is better if you will write the legal
object is generic:
reason first before saying yes or no… answer the yes or To deliver a thing which is neither of superior nor
no in the concluding part of your answer so that at least inferior quality
the prof will be able to read your reason and might give Liable for damages in case of breach of obligation
you extra points instead na if mali na ang yes or no mo Liability subsist even if thing is lost through fortuitous
sa first part din a niya babasahin ang reasons… event because the genus of a thing can never perish
(genus nunquam peruit)
The following are the obligations of the debtor if the
Second Meeting Merge Class (Nov. 26, 2012)
object is determinate:
What is a Determinate object?
To perform the obligation specifically
To take care of the thing with the proper diligence of a
Differentiate Generic and Determinate thing.
good father of a family
What are the obligations of the Debtor if the object is
Deliver all the accessions and accessories of the thing
Determinate.
Liable for damages in case of breach of obligation by
reason of delay, fraud, negligence and contravention of
What is Article 1169? When does the Obligor incur
tenor
Delay?
Article 1169: Those obliged to deliver or to do
Rights of the creditor?
something incur in delay from the time the obligee
Rights of creditor for Determinate Obligations:
judicially or extrajudicially demands from them the
Compel specific performance
fulfillment of their obligation.
Legal Basis: Article 1165: When what is to be
delivered is a determinate thing, the creditor in addition
What are the other things an obligor is obliged to
to the right granted him by Article 1170, may compel
deliver?
the debtor to make the delivery.
Article 1166: The obligation to give a determinate
Article 1224: Debtor cannot compel creditor to accept
thing includes that of delivering all its accessions and
different one
accessories, even though they may not have been
Recover damages for breach of obligation
mentioned.
Legal Basis: as stated in Article 1165 “right granted
What is accession? What is an accessory? him by Article 1170”
Article 1170: Those who in the performance of their
Accession- all those things which are produced by the
obligation are guilty of fraud, negligence or delay and
thing which is the object of the obligation as well as all
those who in any manner contravene the tenor thereof,
of those which are naturally or artificially attached
are liable for damages.
Accessory- all those things which have for their object
Rights of creditor in Generic Obligations
the embellishment, use or preservation of another thing
To ask for the performance of the obligation
which is more important and to which they are not
Delivery of the thing or object of neither superior nor
incorporated or attached. It is merely convenient for
inferior quality belonging to a class or genus.
the perfection of another thing.
Ask the obligation be complied with at the expense of
such debtor
How can you say that it is the proper diligence of a
Creditor can order he delivery from a third person at
good father of a family?
the expense of the debtor
Recover damages of breach of obligation
Obligation to deliver a 2012 white Toyota Corolla:
Demand to indemnify for damages
determinate or generic?
Legal Basis: Article 1165, Par. 2: If the thing is
indeterminate or generic, he may ask that the What is a common carrier?
obligation be complied with at the expense of the Article 1732: Common carriers are persons,
debtor. corporations, firms or associations engaged in the
business of carrying or transporting passengers or
What is negligence? goods or both , by land, water or air, for compensation,
Negligence- consist in the omission of diligence which offering their services to the public.
is required by the nature of a particular obligation and
corresponds with the circumstances of the persons, of Article 1733: Common carriers, from the nature of
the time and of the place. their business and for reasons of public policy, are
bound to observe extraordinary diligence in the
When does the delay of the delivery of the thing and its vigilance over the goods and for the safety of the
fruits arises? passengers transported by them, according to all the
Qualify the answer for it: circumstances of each case.
Depend upon the nature of the obligation. If it is
derived from law, quasi-contracts, criminal offenses
and quasi-delicts, the delivery arises from the time Can a party stipulate observance of care that is
designated by the provisions of the Civil Code or the ordinary or below than that of the standard?
Special Laws.
If it is derived from a contract, then it arises from the
moment of the perfection of the contract.
Third Meeting (November 29, 2012)
What are the remedies of the creditor if there is failure What is a pure condition?
of delivery on the part of the obligor? Legal Basis:
Article 1179:
Exhaust the property in possession of debtor Every obligation whose performance does not depend
Be subrogated to all the rights and action of the debtors upon a future or uncertain event or upon a past event
save those which are inherent in his person *subsidiary unknown to the parties, is demandable at once.
Impugn all the acts which the debtor may have done to
defraud him *subsidiary Every obligation which contains a resolutory condition
shall also be demandable, without prejudice to the
effects of the happening of the event.
What is Article 1165? One whose effectivity or extinguishment does not
Article 1165: When what is to be delivered is a depend upon the fulfillment or non-fulfillment of a
determinate thing, the creditor in addition to the right condition or upon the expiration of a term or a period
granted him by Article 1170 , may compel the debtor which as a consequence, is characterized by the quality
to make the delivery. of immediate demandability.
If the thing is indeterminate or generic, he may ask that Differentiate: Potestative, Casual and Mixed conditions
the obligation be complied with at the expense of the Potestative
debtor. fulfillment of the condition depends upon the will of a
party to the obligation
If the obligor delays or has promised to deliver the Casual
same thing to two or more persons who do not have the Fulfillment depends upon chance and/or will the will
same interest, he shall be responsible for fortuitous of one of the parties of the obligation
event until he has effected the delivery. Mixed
Fulfillment of the condition depends partly upon the
will of the party to the obligation and partly upon the
What are the exceptions of the observance of the chance and/or will of a third person
diligence of a good father of a family?
The exceptions for the observance of DoaGFoaF:
If the law requires another standard of care e.g. What is Article 1170?
Common Carrier Article 1170: those who in the performance of their
Parties stipulate another standard or care obligation are guilty of fraud, negligence or delay, or
those who contravene the tenor thereof, shall be liable Define suspensive condition.
for damages. Condition precedent; future or uncertain event upon the
happening or fulfillment of which rights arising out of
What is dolo? the obligation are acquired.
Dolo consist in the conscious and intentional
proposition to evade the normal fulfillment of an What is a term? Differentiate term from a condition.
obligation.
Definition
Term/period- proof of ascertainment of fact or event
What is the distinctive character of a pure obligation? will surely come to pass although clearly it may not be
The distinctive character of a pure obligation is its known when
immediate demandability. Article 1193, Par. 3: A day certain is understood to be
that which must necessarily come, although it might
not be known when.
What is a conditional obligation? Condition- a future or uncertain factor event upon
One whose effectivity is subordinated to the fulfillment which an obligation is subordinated or made to depend.
or non-fulfillment of a future or uncertain fact or event.
Article 1181:In conditional obligations, the acquisition As to requisites:
of rights as well as the extinguishment or loss of those Term- interval of time which is future or uncertain
already acquired, shall depend upon the happening of Condition- refers to fact or event which is future and
the event which constitutes the condition. uncertain
Define condition.
Promise to pay debt once you receive money: is it a
Condition – a future or uncertain factor event upon conditional obligation? Pure obligation or an obligation
which an obligation is subordinated or made to depend. with a period?
Obligation with Period.
Legal Basis: Article 1180: When the debtor obliges Potestative and resolutory: valid or void?
himself to pay when his means permits him to do so,
the obligation is deemed to be oe with a period, subject Define: suspensive vs. resolutory *not just the
to the provisions of Article 1197. effects…define them
What is 1197?
Article 1197: If the obligation does not fix a period,but
Prior to the fulfillment of a suspensive condition, is
from itsnature and the circumstances it can be inferred
there right?
that a period was intended, the courts may fix the
duration thereof.
What is hope and expectancy?
The courts shall fix the duration of the period when it
depends upon the will of the debtor.
In every case, the courts shall determine such period as
Is this hope or expectancy protected by law? how is it
may under the circumstances have been probably
protected?
contemplated by the parties. Once fixed by the courts,
the period cannot be changed by them.
What are the rights or the creditor to protect his credit?
(Art. 1177)
What is Article 1180? Article 1197? Article 1177?