Nature of Obligations (1163-1178)

• Natural obligations arise from nature or reason, such as the duty to repay debts or care for children.
• Accession


  Fruits of a thing.

  Additions to/Improvements upon a thing.
• Accessories


  Things joined/included with principal for embellishment, better use or completion.
• Accessio Cedit Principali.


  Latin, Accessory follows the principal.
• 1165 - Ex Re


  Latin which means Delay in Real Obligations. These are remedies for C (to give).
• 1165 - GENERIC/INDTERMINATE REMEDIES IN REAL OBLIGATIONS

  1. Ask Debtor
  2. Ask Third Person
  3. Ask for Damages (1170)
• 1165 - REMEDIES FOR SPECIFIC/DETERMINATE REAL OBLIGATIONS

  1.  Compel the Debtor
  2. Ask for Damages (1170) 
• 1167 - Ex Persona


  Latin which means Delay in Personal Obligations (to do or not to do). 

  It happens when Debtor Fails, Debtor does Contrary, or Debtor performs obligation in a poor manner.
• 1167 - REMEDIES FOR PERSONAL OBLIGATIONS (TO DO)

  1. Ask the Debtor.
  2. Ask Third Person.
  3. Ask for Damages. 
• Involuntary Servitude


  In case of 1167 Personal Obligations, you can never compel a Debtor to complete an obligation for it is ___________.  You can instead ask.

  XPN: Third Person + Personal Consideration is involved. 
• 1168 - Ex Personam/Personal Obligations (Negative)


  Delay in Personal Obligations. It is Remedies for C for obligations NOT TO DO.
• 1168 - REMEDIES FOR PERSONAL OBLIGATIONS (NOT TO DO)

  1. Undo what was forbidden + Ask for Damages.
  2. If it cannot be undone, Ask for Damages. 
• 1169 - Delay


  GR: No Demand, No _____.
• Negative Delay


  1169, The service is not supposed to be done.
• Natural Delay


  1169, Cannot be demanded.

  XPN:

  Law - paying taxes

  Stipulation

  Time is of the Essence

  Useless

  Reciprocal Obligations 
• XPNs to Natural Delay (1169)

  1. Law (provision)
  2. Stipultaion (agreement)
  3. Time is of the Essence (Time is important/Events)
  4. Useless (unable to perform)
  5. Reciprocal Obligation (Once one finishes their obligation, the other's delay begins).
• Requisites of Delay (1169) 

  1. Ordinary (Failure to perform oblig. on time + must have due date)
  2. Demandable (Extra-Judicial or Judicial) 
  3. Failure to Comply (unless demanded, 1169 provision applies)
• Kinds of Delay

  1. Mora Solvendi
  2. Mora Accipiendi
  3. Compensatio Morae
• Mora Solvendi


  Delay on part of Debtor (Ex Re + Ex Persona) 
• Mora Accipiendi 


  Delay on part of Creditor.
• Compensatio Morae


  Both parties are delayed.
• No Delay


  XPN to Kinds of delay wherein it is negative or natural obligation.
• 1170 - Instances where Debtor is Liable for damages 

  1. Fraud/Deceit/Dolo
  2. Fault/Culpa/Negligence
  3. Delay/Default/Mora
  4. Violation of Terms of Obligation/Contravention/Breach of Contract
  5. Voluntary (1170) - Liable to pay for Damages
  6. Involuntary (1174) - FE, you're not liable. 
• Kinds of Damages (MENTAL)

  1. Moral - Feelings, Reputation, Mental Anguish
  2. Exemplary or Corrective - Example to correct.
  3. Nominal - Smallest/Right may be vindicated.
  4. Temperate/Moderate - Not proven w/ certainty.
  5. Actual/Compensatory - Duly proven, Highest form.
  6. Liquidated - Agreed payment dmgs between parties
• Fraud


  Deliberate or intentional evasion of normal fulfillment of obligation.
• Dolo Causante


  means Causal Fraud. The consent is being initated.

  Committed at the start. It includes vitiation of consent (contract).
• Remedies for Dolo Causante (Causal Fraud)

  1. Annulment
  2. Voidable Contract 
• Dolo Incidente


  Means Incidental Fraud. To evade an obligation

  Committed after the creation of obligation. It is breach of obligation.
• REMEDY FOR DOLO INCIDENTE (Incidental Fraud) 

  1.  Ask for Damages
• How is Causal fraud Committed?

  1.  Insidious Words/Machinations
  2. Concealment
• 1171 - Waiver


  It is to give up or not accept an obligation/offer.
• Past Fraud


  It can be waivered as a waiver of forgiveness due to mistakes made beforehand.
• Future Fraud 


  You cannot waiver them for it coutns as a FRAUD. It is contrary to law, meaning it is VOID. 
• Future & Past Negligence


  It can be waivered for it is due to the carelessness of the Debtor/Creditor. 
• 1172 - Kinds of Negligence 

  1. Culpa Contractual
  2. Culpa Criminal
  3. Culpa Aquiliana
• Test of Negligence


  It is a question of fact (1172 - Negligence)
• Culpa Contractual


  Contractual negligence.
• Culpa Criminal


  Criminal negligence.
• Culpa Aquiliana 


  Also called Quasi-Delict, Torts. There is no contract however there is still damage done due to negligence. It is civl negligence.
• Fraud VS. Negligence 

  1. Deliberate ; No Intention
  2. Future Fraud ; Allowed
  3. Void + Clearly Proved ; (-) + presumed from Violation
  4. Cannot be Mitigated ; Can be Mitigated