Law 2

• Breaches of obligation can be categorized into involuntary and voluntary breaches
• Involuntary breaches are caused by fortuitous events and force majeure
• Voluntary breaches arise from the will of the parties and include delay or mora, dolo or fraud, culpa or negligence, and contravention of the tenor of the obligation
• Those guilty of fraud, negligence, or delay in the performance of obligations, and those who contravene the tenor of the obligation, are liable for damages (Art. 1170)
• 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
• Default, Delay, or Mora (Art. 1169) is the failure to perform an obligation on time, constituting a breach of the obligation
• Mora solvendi is a delay in the fulfillment of an obligation due to a cause imputable to the debtor
• Requisites for mora solvendi include demandability and liquidation of the obligation, non-performance within the agreed period, and demand by the creditor
• Effects of mora solvendi include the debtor being liable for damages and bearing the risk of loss for determinate objects
• Mora accipiendi is a delay on the part of the creditor to accept the performance of the obligation
• Effects of mora accipiendi include reduced responsibility of the debtor, exemption from risk of loss for the debtor, and liability of the creditor for damages
• Requisites for mora accipiendi include the debtor offering performance, compliance with the prestation, and unjust refusal by the creditor
• When demand is not necessary for delay to exist:

  • When the obligation or the law expressly declares so
  • When from the nature and circumstances of the obligation, demand would be useless
  • When the obligor has rendered it beyond his power to perform
• Compensatio Morae is a delay on both parties in reciprocal obligations
• Effects of compensatio morae include canceling the delay of the obligor and oblige, and equitable tempering of liability by the courts
• Responsibility arising from fraud is demandable in all obligations, and any waiver of an action for future fraud is void (Art. 1171)
• Fraud (Dolo) is the deliberate or intentional evasion of the normal fulfillment of an obligation, distinguished from negligence by deliberate intent
• Dolo results in the nonfulfillment or breach of the obligation, while negligence lacks deliberate intent
• Civil fraud includes Dolo Incidente and Dolo Causante, with different characteristics and purposes
• Dolo Incidente is present during the performance of a preexisting obligation, while Dolo Causante is present at the time of the birth of the obligation
• Fraud results in the evasion of normal fulfillment, while negligence results from inattention or lack of diligence
• Intent to cause damage or injury constitutes dolo, while abandonment or carelessness constitutes culpa
• Nonfulfillment or breach of obligation that is the reason for the other party entering into the contract results in the vitiation of consent
• Results in the obligee's right to recover damages from the obligor
• Results in the innocent party's right to ask for the annulment of the contract
• Responsibility arising from fraud is demandable in all obligations
• Any waiver of an action for future fraud is void
• Waiver made in advance or in anticipation of fraud is void
• Waiver for a past fraud is valid and can be deemed an act of generosity
• Responsibility arising from negligence in the performance of obligations is demandable
• Negligence is determined by whether the defendant used reasonable care and caution in the same situation
• Negligence showing bad faith is tantamount to fraud
• The fault or negligence of the obligor consists of the omission of diligence required by the nature of the obligation
• When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply
• Gross negligence is characterized by the absence of care or diligence, acting or omitting to act willfully and intentionally
• Fraud is distinguished from negligence by deliberate intention to cause damage, while negligence lacks such intention
• Liability for fraud cannot be mitigated by the courts, while liability for negligence may be reduced according to circumstances
• Culpa Contractual is the fault or negligence of the obligor in the performance of a pre-existing contract
• Culpa Aquiliana is the fault or negligence causing damage to another person
• Art. 1173 of the Civil Code applies to both Culpa Contractual and Culpa Aquiliana