MODULE 2
1. What are the obligations of an obligor?
The obligations of an obligor are to give, to do, or not to do.
A. In the obligation to give, there are two kinds of things that the obligor has the
obligation to give: Specific Thing (determinate) or Generic Thing (indeterminate)
1) Specific Thing (determinate)
- Determinate is something distinguished or different from others, it cannot be
replaced or substituted with another thing even of the same kind without
consent.
a. It is a duty of the obligor to deliver thing itself:
- The obligor of the thing involved cannot compel or force the creditor
to receive a different one, even if they have the same value or it is
more valuable. Meaning, the debtor cannot demand the creditor to
give him another thing that is different from what they agreed upon.
Nonetheless, the debtor may deliver a different payment/prestation
as a substitute, instead of the stipulated one. It is possible to waive
the defects of the thing if the creditor accepts it without protest.
b. It is also a duty of the obligor to preserve thing with due care:
- According to Article 1163, “Every person obliged to give something is
obliged to take care of it with the proper diligence of a good father of
a family.” Its essence is that the person who performs the giving of
prestation is also responsible to take better care of it. If one failed to
preserve the thing, he will be liable for damages.
c. Obligor must deliver the accessions and accessories:
- There is an obligation to give a specific thing together with its
accessions and accessories even if it’s not mentioned (Article 1166).
In which, accessories are the necessary things for the completion of
the object. Accessions are everything attached to the accessories,
may be produced naturally or artificially.
d. Obligor has the duty to deliver the fruits:
- As stated at 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.” Until the creditor delivered the thing, he still has the right to
the fruits of the thing, inchoate or a partly right specifically. But when
the same thing will be delivered to him, he won’t have a right until
the thing was successfully delivered to him.
e. Obligor must also answer for damages in case of non-fulfillment or
breach:
- People who acted fraud, negligence, and delay upon doing their
obligation, together with those who contravene the tenor or term,
are liable for the damages they caused.
2) Generic Thing (indeterminate)
- On the other hand, indeterminate is something common or easily distinguished
from its same kind, it can easily be replaced or substituted with another similar
thing.
a. It is a duty of the obligor to deliver thing itself. The quality of the thing
that must be delivered need to be taken into consideration.
b. It is also his duty to be responsible for the damages he caused in case of
fraud, negligence, and delay of performing the obligation; same to those
who contravened the tenor or term.
B. In the obligation to do,
- as read in Article 1244 Par 2, “In obligations to do or not to do, an act or forbearance
cannot be substituted by another act or forbearance against the obligee’s will,” it
means that the forbearance or an action refraining from exercising a legal right
cannot be substituted by another prestation. The only exception is facultative
obligation in which the debtor allows to have the right to substitute the object.
- according in Article 1167, if someone obliged to perform something and fails, he
must receive the same failure. Same rule is applied even when he does something
like contravention in the term of the obligation.
- Duties of the obligor includes to do, to shoulder the cost if someone else does it,
and to undo what has been poorly done.
C. In the obligation not to do,
- basing in Article 1244 Par 2, “In obligations to do or not to do, an act or forbearance
cannot be substituted by another act or forbearance against the obligee’s will,” it
cannot be performed by a delegate or an agent. There are also no other legal
obligations arose.
- according in Article 1168, When the obligor does an obligation that consists in not
doing and it was forbidden for him to do, he must also undo it for his expense.
- Duties of the obligor includes not to do what should not be done, to shoulder the
cost to undo what should not have been done.
2. What are the methods of breaching an obligation?
- There are two concepts behind breaching of obligation, voluntary and involuntary.
Voluntary rise from modes which are provided in Article 1170. Involuntary on the
other hand arises due to fortuitous events.
- Modes of breach which are inclined from Article 1170 which state that those who in
the performance of their obligations are guilty of fraud, negligence, or delay and
those who in any manner contravene that tenor thereof, are liable for damages.
1. Fraud:
- It is an execution of a heinous act upon one’s own free will or willful
negligence, it is knowing the effects which naturally arise from such act.
Evasion done towards the fulfillment of obligations are intentional. It is also
in the performance of preceding obligation.
- There are two kinds of fraud, fraud in the performance and fraud in the
execution of the contract. Under fraud un the execution of the contract we
have dolo causante which determines the important cause of the consent
and dolo incidente which refers to the accident of the obligation.
- The usual effects of fraud are liability for damages caused, a crime or a quasi-
delict.
2. Negligence
- Due to negligence, responsibility arises in the performance of obligation.
Such liability is usually regulated by courts, still depending on the
circumstances.
- Its concept is an absence of due diligence.
- The obligor’s negligence consists omission of the diligence required by the
nature of obligation which corresponds with the circumstance of the persons
and settings.
- Effects of negligence: damages are required to be regulated by the court and
defense of fortuitous events are invalidated.
3. Delay
- Delay is not fulfilling the obligation on time. According to Article 1169, people
are obliged to do or deliver the prestation in accordance with the time the
obligee demands from them the fulfillment of obligations.
- Note that there can only be delays in positive obligations and not in negative
ones.
- There are three kinds of mora or delays which are mora solvendi, mora
accipiendi, and compensatio morae. Mora solvendi is something that is
default on the part of the debtor. Mora accipiendi on the other hand is
default on the part of the creditor. Compensatio morae is a bilateral contract
between parties that can regulate the order they shall comply with reciprocal
prestations.
4. Contravention of Tenor
- It is an illicit act that harms the faithful fulfillment of the obligation or
defective performance.
- Can be negligent or malicious violation of the stipulated terms and conditions
in the obligation.
- Invalid if it was caused by fortuitous events or force majeure.