Law 11 Notes

Topics: Law, Reasonable person, Debt Pages: 7 (1524 words) Published: January 10, 2011
ART 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.

Specific or determinate – identified by tis individuality. Cannot substitute Generic or indeterminate – refers only to a class or genus [genus nunquam perit: genus never perishes]

Duties of debtor in obligation to give a determinate thing

1. preserve the thing
a. diligence of a good father or family
b. another standard of care
c. factors to be considered [force majeure: fortuitous events] d. reason for debtor’s obligation

2. deliver the fruits of the thing
3. deliver the accession and accessories
4. deliver the thing itself
5. answer for damages in case of non-fulfillment or breac

Duties of obligation to deliver a generic thing:
1. deliver the thing which is of the quality intended by the parties 2. to be liable for damages in case of fraud, negligence, delay. Etc.

ART. 1164 The creditor has the right to the fruits of the thing from the time the obligation to deliver arises. However, he shall acquire no real right over it until the sane has been delivered to him.

Different kinds of fruits:
1. natural gruits
2. industrial fruits
3. civil fruits

Personal right – the right of a person to demand from another the latter’s obligation to give, to do, or not to do. Real right – the right or interest of a person over a specific thing without a definite passive subject

ART 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 coplied with at the expense of the debtor.

Remedies of creditor in real obligation
1. in a specific real obligation
a. demand specific performance
b. demand rescission or cancellation
c. demand payment of damages only
2. in a generic real obligation [can be performed by a 3rd person]

ART 1166 The obligation to give a determinate thing includes that of delivering all its accession and accessories, even though they may not have been mentioned

ART 1167 If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rile 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.

Situations: [obligation to do = 1167]
1. the debtor fails to perform an obligation to do
2. the debtor performs an obligation to do but contrary to the terms thereof; or 3. 3. the debtor performs an obligation to do but in poor manner

ART 1168 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.

ART 1169 Those obliged to deliver ot o do something incur delay from the time the oblige judicially or extra judicially demands from them the fulfillment of their obligation

However, the demand by the creditor shall not be necessary in order that the delay may exist: 1. When the obligation or law expressly so declares; or
2. When the nature and the circumstances of the obligation it appears that the designation of time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or 3. When the demand would be useless, as when the obligor has rendered it beyond his power to perform

In reciprocal obligation, neither party incurs in delay if the other does not comply or is not ready to comply in proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins.

Kinds of delay or default [mora]
1. Mora solvendi – delay to give or to do of debtor
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