oblicon

• Determinate obligation


  An obligation to a specific, identified thing
• Indeterminate or generic obligation

  An obligation to a class or genus of things
• Diligence of a good father

  Ordinary care which an average and reasonably prudent man would do
• Another standard of care

  Extraordinary diligence provided in the stipulation of parties
• Factors to be considered - diligence depends on the nature of obligation and corresponds with the circumstances of the person, time, and place
• Debtor is not liable if his failure to deliver the thing is due to fortuitous events or force majeure… without negligence or fault in his part
• Real right (jus in re)

  A right pertaining to a person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced
• Personal right (jus ad rem)


  A right pertaining to a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do
• Before the delivery, the creditor, in obligations to give, has merely a personal right against the debtor – a right to ask for delivery of the thing and the fruits thereof
• Once the thing and the fruits are delivered, then he acquires a real right over them
• Ownership is transferred by delivery which could be either actual or constructive
• Natural fruits


  Spontaneous products of the soil, the young and other products of animals
• Industrial fruits


  Produced by lands of any cultivation or labor
• Civil fruits


  Those derived by virtue of juridical relation
• An indeterminate thing cannot be object of destruction by a fortuitous event because genus never perishes
• Accessions


  Fruits of the thing or additions to or improvements upon the principal
• Accessories


  Things included with the principal for the latter's embellishment, better use, or completion
• When 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 … 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
• Ordinary delay


  Mere failure to perform an obligation at the appointed time
• Legal delay (default)


  Tantamount to non-fulfillment of the obligation and arises after an extrajudicial or judicial demand was made upon the debtor
• Mora solvendi


  Delay on the part of the debtor to fulfill his obligation
• Mora accipiendi


  Delay on the part of the creditor to accept the performance of the obligation
• Compensatio morae


  The default of one compensates the default of the other; their respective liabilities shall be offset equitably
• Fraud (dolo)


  Deliberate intentional evasion of the faithful fulfillment of an obligation
• Negligence (culpa or fault)


  Voluntary act or omission of diligence, there being no malice, which prevents the normal fulfillment of an obligation
• Delay (mora)


  Default or tardiness in the performance of an obligation after it has been due and demandable
• Contravention of terms of obligation (violatio)


  Violation of terms and conditions stipulated in the obligation; this must not be due to a fortuitous event
• Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void
• Incidental fraud


  Committed in the performance of an obligation already existing because of a contract
• Causal fraud


  Employed in the execution of contract in order to secure consent; remedy is annulment because of vitiation of consent
• 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 circumstances
• Culpa Aquiliana (Quasi-delict)


  Negligence between parties not so related by pre-existing contract
• Culpa Contractual (Breach of contract)


  Negligence in the performance of contractual obligation
• 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
• If the law or contract does not state the diligence which is to be observed in the performance, that which is expected if 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, the debtor shall not be liable for events which could not be foreseen, or which, though foreseen, were inevitable
• Waiver


  An agreement not to assert a right or claim
• Waiver for future fraud

  • Void
• Waiver for future negligence

  • May be allowed in certain cases
  • Gross negligence can never be excused in advance; against public policy
  • Simple negligence may be excused in certain cases