Articles 1156-1179

Cards (24)

  • Article 1179
    Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. 
  • Article 1178
    Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.
  • Article 1177
    The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. 
  • Article 1176
    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.
  • Article 1175
    Usurious transactions shall be governed by special laws
  • 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.
  • Article 1173
    The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. 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.
  • Article 1172
    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.
  • Article 1171
    Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
  • Article 1170
    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.
  • Article 1169
    Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.
  • Article 1168
    When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. 
  • Article 1167
    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. 
  • Article 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. 
  • Article 1165
    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. 
  • Article 1164
    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.
  • Article 1163
    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, unless the law or the stipulation of the parties requires another standard of care.
  • Article 1162
    Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.
  • Article 1161
    Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
  • Article 1160
    Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book.
  • Article 1159
    Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
  • Article 1158
    Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.
  • Article 1157
    Obligations arise from law, Contracts, Quasi-contracts, Acts or omissions punished by law, and Quasi-delicts.
  • Article 1156
    An obligation is a juridical necessity to give, to do or not to do.