Atty. Jennifer D.L. Sanchez
What are the essential requisites of an obligation?
ANS: An obligation has 4 essential requisites. They are:
1) A juridical or legal tie, which binds the parties to the obligation and which may arise either from bilateral or unilateral acts of persons;
2) An active subject known as the creditor or obligee, who can demand the fulfillment of the obligation;
3) A passive subject known as the debtor or obligor, from whom the obligation is juridically demandable; and
4) The fact, prestation or service which constitutes the object of the obligation.
In Obligations to give, what are the different rights which are available to the creditor?
ANS: We must distinguish between the rights which are available to the creditor when the obligation is determinate and those which are available to him when the obligation is indeterminate or generic.
If the obligation is determinate in the sense that the object thereof is particularly designated or physically segregated from all others of the same class, the rights of the creditor are:
1) To compel specific performance. (Art. 1165, par. 1, NCC)
2) To recover damages in case of breach of the obligation. (Art. 1170, NCC.)
If the obligation is indeterminate or generic, the rights of the creditor are:
1) To ask for performance of the obligation. (Art. 1246, NCC.)
2) To ask that the obligation be complied with at the expense of the debtor. (Art 1165, par.2, NCC.)
3) To recover damages in case of breach of the obligation (Art. 1170,NCC.)
In obligations to give, what are the different duties or obligations which are imposed upon the debtor or obligator?
ANS: Again we must distinguish between the duties or obligations which are imposed upon the debtor if the obligation is determinate and those which are imposed if the obligation is indeterminate or generic.
If the obligation is determinate, the duties which are imposed upon the debtor are:
1) To deliver the thing which he has obligated himself to give.
2) To take care of the thing with the proper diligence of a good father of a family. (Art. 1163,NCC.)
3) To deliver all accessions and accessories. (Art. 1166,NCC.)
4) To pay damages in case of breach of the obligation. (Art.1170,NCC.)
If the obligation is indeterminate or generic, the duties which are imposed upon him are:
1) To deliver a thing which must be neither of superior nor inferior quality. (Art. 1246.NCC.)
2) To pay damages in case of breach of the obligation. (Art. 1170, NCC.)
“A” borrowed P2,000 from “B” on December 1, 1956. He executed a promissory note promising to pay the indebtedness on December 1, 1958. Upon the arrival of the designated date for payment is demand necessary in order that “A” shall incur in delay?
ANS: This question must be answered in the affirmative. It is obvious that the first exception is not applicable. In order that the first exception provided for in Art. 1169 of the NCC can be applied, it is indispensable that the obligation or the law should expressly add that the obligor shall incur in delay if he fails to fulfill the obligation upon the arrival of the designated date or that upon the arrival of such date demand shall not be necessary.
What is a fortuitous event? Is there any difference between fortuitous event and force majeure?
ANS: A fortuitous event is an event which cannot be foreseen, or which though foreseen, is inevitable. (Art. 1174,NCC.) Ordinarily, the terms fortuitous event” and “force majeure” are used interchangeably. There is, however, a technical difference. “Force majeure” is a term that is applicable only those fortuitous events which are dependent upon human intervention, such as wars, strikes, riots, etc., while “fortuitous event” is the general term that is...