Philippine Civil Code: Obligations - General Provisions

Topics: Law, Tort, Contractual term Pages: 5 (1447 words) Published: September 10, 2013
BA 161 Obligations and Contracts
Midterm Summary: Title I – OBLIGATIONS

Chapter 1: General Provisions

Definition
Article 1156. An obligation is a juridical necessity to give, to do, or not to do. (n)

Sources of obligation
Article 1157. Obligations arise from
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)

Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (OBLIGATION FROM LAW)

Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a) (OBLIGATION FROM CONTRACT)

Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n) (OBLIGATION FROM QUASI-CONTRACTS)

Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) (OBLIGATION FROM CRIME)

Article 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. (1093a) (OBLIGATION FROM QUASI-DELICT)

Duties of the debtor
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)

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. (1095)

* “he shall acquire no real right over it until the same has been delivered to him” – creditor is not the owner until the specific thing has been delivered to him

Article 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096)

In case debtor fails to comply to a Specific Real Obligation (deliver a determinate thing), creditor has the right to: •Demand specific performance of obligation with right to indemnity for damages •Demand rescission or cancellation of obligation with right to recover damages (rescission – must return to each other what they have received) •Demand payment of damages only

Article 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. (1097a)

* All accessions and accessories are considered included in the obligation to deliver a determinate thing although they may not have been mentioned. In order to exclude them, there must be stipulation. Thus, a sale of the accessory and or accessions does not include the principal (e.g. sale of house not included land)

Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098) In case debtor fails to comply with his Positive Personal Obligation, creditor has the right...
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