Laws on Obligation and Contracts

Topics: Contract, Contract law, Breach of contract Pages: 34 (10324 words) Published: June 25, 2013
CHAPTER 2: Nature and Effects of Obligations

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. (1094a)

3 kinds of prestations in obligations:
To givereal (there is some physical thing which may be the subject of possession, the delivery of which completely discharges the obligation) •To do
Not to dopersonal (non-fulfillment is resolved in the end by the payment of an indemnification of damages)

Obligation to do or not to do
Perfection of the obligation devolves upon the person himself who is bound Obligation to give
Intimately connected with the thing that is the subject matter of relation •Definition: That which has for its object the delivery of a thing which the obligor must deliver to the obligee because of whatever right the latter may have acquired over the same (Caguioa) •Classification:(distinction lies purely and exclusively on the will of parties or under the norms of law) 1. Specific obligation

- an obligation to give a specific or determinate thing
*specific/determinate thing
- a thing determined individually in such a manner that it cannot be substituted with another - object is particularly designated or physically segregated from all others of the same class; object is a concrete, particularized thing, indicated by its own individuality (Jurado) - one that is individualized and can be identified or distinguished from others of its kind (Tolentino) - examples: white horse which won the Senior Grand Derby in 1979, Samsung G600 G-660#1-1G-6608>PC< - the very same thing promised must be delivered by the debtor and he cannot substitute said thing with another although the substitute is more valuable than that agreed upon unless the creditor agrees to the substitution (Art. 1206 par.1) - 3 accessory obligations (Note: only in specific obligations): (1) obligation to take care of it with the proper diligence of a good father of a family (Art.1163); (2) to deliver the accessions and accessories although the same may not have been mentioned (Art.1166); (3) to deliver the fruits from the moment the obligation to deliver arises (Art.1164)

2. Generic obligation
- has for its object a genus an object that is determined only by the class to which it pertains (incertum corpus) - delivery of a thing belonging to a specie stipulated, usually those which are fungible and those which are determined by amount, number or measure - an obligation to give a generic thing

*generic/indeterminate thing
- the object is one whose determination is confined to that of its nature – to the genus to which it pertains (Jurado) - one that is indicated only by its kinds, without being designated and distinguished from others of the same kind (Tolentino) - examples: ten white horses, Samsung G600, Acer laptop

2 Purposes of obligations to give: (Caguioa)
1. To transfer title (e.g. contract of sale or barter)
2. To transfer merely possessions (commodatum—Art. 1933, by the contract of loan, one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it, in which case the contract is called a commodatum )

Other form of classifying obligations in general: (Caguioa)
a. Positive- obligations which have for their object to give or to do b.Negative - restrains the obligor from delivering or doing something which he could do where it not for the obligation

Good father of a family (bonus pater familias)
general legal standard of care or degree of diligence the law requires in obligation to deliver a thing

Circumstances that should be taken into consideration in determining the degree of diligence: (Caguioa) •nature of the obligation depending on the circumstances of the debtor •nature of the obligation depending on the time of...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay on Contract Law Problem
  • Law of Contract Essay
  • The Law on Obligations and Contracts Outline (Obligation Only) Essay
  • business law :Breach of Contract Essay
  • Law on Obligation and Contracts Essay
  • Law on Obligation and Contracts Essay
  • The Law of Contract
  • Obligation and Contracts Essay

Become a StudyMode Member

Sign Up - It's Free