STUDY GUIDE 2
Nature and Effects of Obligation
I. Definitions
Define or give the meaning of the following:
1. Generic or Indeterminate thing;
A thing is generic or indeterminate when it refers
only to a class or genus to which it
pertains and cannot be pointed out which particularity. (Article 1163).
2. Personal right;
Personal right is
the right or power of a person (creditor) to demand from another
(debtor), as a definite
passive subject, the fulfillment of the latter’s obligation to give, to
do, or not to do. (Article 1164).
3. Legal delay or default;
Legal
delay or default or mora is the failure to perform an obligation on time which
failure constitutes a breach of
the obligation. (Article 1169).
4. Fortuitous event;
Fortuitous event is any event which cannot be foreseen or which, through
foreseen, is
inevitable. (Article 1174).
5. Diligence of a good father of a family;
The phrase has been equated with ordinary care or that
diligence which an average (a
reasonably prudent) person exercises over his own property. (Article 1163).
II. Discussions
1.Give the rules as to the liability of a person for loss or damage resulting from a
fortuitous event.
According to
Article 1174, a person is not liable for loss or damage caused to
another resulting from the non-performance
of his obligation due to fortuitous events.
In other words, his obligation is extinguished. Except (1) When expressly specified
What are the remedies of a creditor in case of breach of an obligation to do?
In cases where the obligor breached his/her obligation, s/he shall be liable for damages. [1] If the obligation to give a specific thing is breach by the debtor, the creditor may either compel the debtor to make delivery (specific performance)[2] or rescind.
What are the remedies available to the creditor in obligation to give?
Court Assistance
In simplified terms, a creditor who is owed a debt that is in default can go to court and get a judgment against the debtor. Judgments can be paid or satisfied using assets of the debtor, which can be secured with the court's help either before or after the judgment is procured.
What are the remedies of a creditor in case of non fulfillment of an obligation to deliver a generic thing?
In case the debtor does not comply with his obligation, the creditor may avail himself of the following remedies to satisfy his claim: Exact fulfillment (specific performance) with the right to damages. Pursue the leviable property of the debtor. Exercise all rights and actions to the debtor.
What are the obligations of a debtor in an obligation to deliver a determinate thing?
Duties of debtor in obligation to deliver a generic thing
(2) To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor thereof.
What are the remedies of a creditor in case of non performance by the debtor?
In cases of non-performance the creditor can ask for performance and compensation for the delay, or to claim damages. In cases of non-performance of monetary obligations the creditor is entitled to interest. The creditor can terminate the contract because of non- performance.
What must be delivered when the obligation consists of a the delivery of a specific thing b the delivery of a generic thing?
If the subject of an obligation is the delivery of a specific thing, the person making performance must deliver the thing in connection in which it is at the same time when delivery is to be made.