Obli - CH 1 & 2

• An obligation is a juridical necessity to give, to do or not to do.
• Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts.
• Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
• Civil obligations arising from criminal offenses shall be governed by the penal laws
• Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family
• The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
• When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery.
• If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor
• If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. 
• The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
•  If a person obliged to do something fails to do it, the same shall be executed 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.
• When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
• Demand by the creditor shall not be necessary in order that delay may exist:

  • When the obligation or the law expressly so declare; or
  • When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
  • When demand would be useless, as when the obligor has rendered it beyond his power to perform.
• In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins.
• Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
• Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. 
• If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. 
• 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.
• Usurious transactions shall be governed by special laws. 
• Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. 
• The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.
• The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid.
• A debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the exemptions provided by law.
• 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, and exercise all the rights and bring all the actions of the debtor.
• Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.