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Obligations: Fortuitous Events & Liabilities

The document outlines specific circumstances that affect obligations, including fortuitous events, fraud, negligence, default, and breach of obligations. It explains the definitions and distinctions between fortuitous events, such as Act of God and force majeure, and details the general rule of non-responsibility for unforeseen events, along with exceptions. Additionally, it describes the implications of fraud, negligence, and default on obligations, emphasizing liability for damages in cases of non-fulfillment or contravention.

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Yui Ayuzawa
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11 views2 pages

Obligations: Fortuitous Events & Liabilities

The document outlines specific circumstances that affect obligations, including fortuitous events, fraud, negligence, default, and breach of obligations. It explains the definitions and distinctions between fortuitous events, such as Act of God and force majeure, and details the general rule of non-responsibility for unforeseen events, along with exceptions. Additionally, it describes the implications of fraud, negligence, and default on obligations, emphasizing liability for damages in cases of non-fulfillment or contravention.

Uploaded by

Yui Ayuzawa
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

The following specific circumstances affect obligations:

1. Fortuitous events
2. Fraud
3. Negligence
4. Default
5. Breach or contravention of the tenor of obligations

A fortuitous event is an event which cannot be foreseen, or which though foreseen, is inevitable. (Art.
1174, Civil Code) Fortuitous event may either be fortuitous event proper (Act of God) or force majeure
(fuerza mayor). It may also be ordinary or extra-ordinary.

Fortuitous event proper (Act of God) is absolutely independent of human intervention


Force majeure (fuerza mayor) is dependent upon human intervention other than that of the obligor.

Ordinary fortuitous event refers to an event which usually happens or which could have been
reasonably foreseen.
Extra-ordinary fortuitous event refers to an event which does not usually happen or which are
uncommon and which could not have been reasonably foreseen. (Art. 1680, NCC.)

General Rule:
No person shall be responsible for those events which could not be foreseen, or
which though foreseen, were inevitable.
Exceptions:
1. In cases expressly specified by the law, or
2. When it is otherwise declared by stipulation, or
3. When the nature of the obligation requires the assumption of risk. (Art. 1174, Civil)
Code

If the object of the obligation to give is determinate and is lost or destroyed through a fortuitous event,
as a general rule, the obligor or debtor cannot be held liable for damages. (Ibid.) However, if it is
indeterminate or generic, the obligor or debtor can still be held liable for damages. (Art. 1263, Civil
Code) Only a determinate thing or object can be destroyed by a fortuitous event while an indeterminate
or generic thing can never perish (genus numquam peruit).

Fraud, negligence, default and breach of obligations are acts or omissions that may be committed by
obligor or debtor.

Fraud (dolo) is the conscious and intentional proposition to evade the normal fulfillment of an
obligation.

Negligence (culpa) or fault of the obligor is 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 the place. If
the law or contract does not state the diligence which is to be observed in the performance of an
obligation, that which is expected of a good father of a family shall be required. (Art. 1173, Civil Code)

Default (mora) signifies the idea of delay in the fulfillment of an obligation. It is the non-fulfillment of an
obligation with the respect to time.
In obligations to give or to do, the obligor or debtor incurs in delay from the time the obligee or creditor
judicially or extrajudicially demands from him the fulfillment of his obligation and in spite of such
demand, he is unable to comply with the obligation. (Art. 1169, par. 1, Civil Code) In 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. (Art. 1169, par. 3, Civil Code)

Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those
who in any manner contravene the tenor thereof, are liable for damages. (Art. 1170, Civil Code)

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