Law on Obligation 2

• Fruits

  May refer to natural fruits, industrial fruits and civil fruits
• Real right


  The right or power over a specific thing, such as possession or ownership, which is enforceable against the whole world
• Determinate thing


  A thing that is particularly designated or physically segregated from all others of the same class. Example: a 2019 Toyota Corolla with engine no. 123456, body no. 546611 and plate no. FRS 840
• Indeterminate or generic


  A thing that is not particularly designated or physically segregated from all others of the same class. Example: A horse, a car
• Accessions


  Everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially. Example: whatever is built, planted or sown on a parcel of land
• Accessories


  Those joined to or included with the principal thing for the latter's better use, perfection or enjoyment (such as the keys to a car or a house, or the bracelet of a wristwatch)
• Fortuitous event


  Events that could not be foreseen, or which though foreseen, are inevitable
• Force majeure


  Causes independent of the will of the obligor, identical to fortuitous events. Example: riots, strikes or wars
• Delay


  The non-fulfillment of an obligation with respect to time
• Demand


  May be judicial or extrajudicial demand
• Reciprocal obligations


  Obligations that arise out of the same cause and must be fulfilled at the same time
• Negligence


  The omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, time and place. Failure to observe the degree of care, precaution and vigilance which the circumstances justly demand, whereby another person suffers injury
• Culpa contractual (contractual negligence)


  Negligence in the performance of a contract (such as the negligence committed by the driver of a bus when a passenger is hurt during a trip because there is a breach of contract of carriage)
• Culpa aquiliana (civil negligence or quasi delict or culpa extra-contractual)


  Acts or omissions that cause damage to another, with no contractual relation between the parties
• Types of Damages

  • Actual or compensatory damages
  • Moral damages
  • Nominal damages
  • Temperate or moderate damages
  • Liquidated damages
  • Exemplary or corrective damages
• Fraud


  The deliberate or intentional evasion by the debtor of the normal compliance of his obligation. This refers to fraud committed by the debtor at the time of the performance of his obligation
• Casual Fraud


  Fraud without which consent would not have been given. It renders the contract voidable
• Incidental fraud


  Fraud without which consent would have still been given but the person giving it would have agreed on different terms. The contract is valid but the party employing it shall be liable for damages
• Future Fraud


  A waiver of an action for future fraud cannot be waived. If there is an agreement for its waiver, the same is void
• Past fraud


  A waiver of an action for past fraud may be waived since the commission of fraud can no longer be encouraged. Such waiver is an act of liberality on the part of the creditor
• 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 require another standard of care
• 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 it 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
• When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall be undone at his expense
• Extrajudicial demand


  Different from judicial demand
• 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.
• Responsibility arising from fraud

  Demandable in all obligations. Any waiver of an action to future fraud is void.
• Culpa contractual


  Different from culpa extra-contractual or culpa aquiliana
• Negligence


  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.
• Fortuitous events


  Events which could not be foreseen, or which, though foreseen, were inevitable.
• Exemptions on the general rule with respect to no liability arising from fortuitous events

  • Cases expressly specified by the law
  • When it is otherwise declared by stipulation
  • When the nature of the obligation requires the assumption of risk
• Usurious transactions shall be governed by special laws.
• Transmissibility of rights


  Subject to the laws, all rights acquired in virtue of an obligation are transmissible. If there has been no stipulation to the contrary.
• The ordinary care that an average person exercises in taking care of his property is The Diligence of a good father of a family
• These refer to the pecuniary loss (such as loss in business or profession) that may be recovered - Actual or Compensatory damages
• They include physical suffering , mental anguish, fright, serious anxiety, besmirched reputation , wounded feelings, moral shock - Moral Damages
• They refer to damages to vindicate  a right - Nominal Damages
• They are more than  nominal but less than compensatory damages, but may be recovered if the court finds  that some pecuniary loss has been suffered  but its amount cannot  from the nature  of the case, be proved  with certainty - Temperate or moderate damages