Obligation

• f the debtor is in delay in delivering a specific thing which subsequently got lost due to fortuitous event, the debtor shall be liable for the loss.
• In case a passenger is injured due to the negligence of the taxi driver, the passenger may sue the taxi driver based on quasi-delict. He may include the taxi operator in the suit based on the employer’s solidary liability for the acts of its employee.
• In case a passenger is injured due to the negligence of the taxi driver, the passenger may sue the taxi operator based on breach of contract of carriage. He may not include the taxi driver since a contract of carriage is only between the taxi operator and the passenger.
• In case a passenger is injured due to the negligence of the taxi driver, the passenger may sue the taxi operator based on breach of contract of carriage. He may not include the taxi driver since a contract of carriage is only between the taxi operator and the passenger.
• In case a passenger is injured due to the negligence of the taxi driver, the passenger may sue the taxi driver based on delict. He cannot include the taxi operator in the suit since only the actor can be charged criminally. But, the taxi operator is subsidiarily liable in case the taxi driver is convicted and insolvent.
• The diligence required of common carriers is extraordinary diligence, which is greater than the diligence of a good father of a family.
• While solidary debtors may be compelled to pay the share of an insolvent co-debtor, joint debtors may not be compelled to do so.
• . In alternative obligations, the person entitled to choose cannot choose the things lost due to fortuitous event or due to the fault of the one entitled to choose.
• In alternative obligations, once the choice is made, the obligation becomes pure and demandable.
• In facultative obligations, whatever happens to the thing substituted after substitution does not affect the substituting obligation.
• In facultative obligations, the choice to substitute always belong to the debtor
• Solidarity does not mean indivisibility. Neither does indivisibility mean solidarity.
• In case two debtors are obliged to deliver an indivisible thing (e.g. car), if one refuses to perform, the obligation to deliver shall be converted into an obligation to pay the value of the undelivered car where only the refusing debtor is liable for damages and the debtor willing to perform paying for his share in the obligation (without damages) had it been properly performed.
• In dacion en pago, if the property given in exchange is valued less than the monetary obligation, the extinguishment shall only be partial and up to the extent of the value of the property, unless the conduct of the parties or a stipulation provides that the exchange is in consideration of the total extinguishment of the obligation.
• In dacion en pago, if the property given in exchange is lost by the creditor through eviction, the original obligation shall be revived, and the accessory obligation shall remain extinguished.
• In payment by cession, ownership over the debtor’s property is not transferred to the creditors. The extinguishment is only up to the extent of the proceeds of the sale of ceded properties.
• Compensation is only available when both debts are in money or to deliver consumable things.
• A third person who pays the debt of a debtor without the debtor’s knowledge and consent, cannot be subrogated to the rights of the creditor and is only entitled to reimbursement up to the extent beneficial to the debtor. This strict rule ensures that third persons are more careful in paying debts of other persons and protecting debtors from being liable for more than what they actually owe.
• Remission, being gratuitous in nature, must observe the formalities required of donations.
• If a father loans his son an amount and donates the same credit to his son, the obligation to pay the loan is extinguished by merger or confusion. Same effect happens if the father dies and leaves the son as his only heir
• When a debtor promised to deliver a determinate thing to each of two persons, the debtor will be liable to the creditors in case of loss of said thing even if it is due to fortuitous event.