Case Analysis on Chapter 4, Sec.

2
Loss of the Thing Due
Dela Rea, Kimmi F.
Mapua Institute of Technology
School of Electrical, Electronics and Computer Engineering
Muralla St. Intramuros, Manila
kdelarea32@yahoo.com

This paper is a Case Analysis on Chapter 4, Section 2 Loss of the Thing Due. The problems assigned to Group 8
are in the following:
Problem 2
X obliges himself to deliver a specific thing to Y on
a certain date. The thing was lost by X without his fault
and before he has incurred in delay. Does it mean that X is
already exempt from liability?
Problem 3
Suppose in the preceding problem, X obliges
himself to deliver a specific thing to Y on a certain date.
The thing was lost by X without his fault and before he has
incurred in delay. Does it mean that X is already exempt
from liability?, the thing was lost through the fault of Z, a
third person. State the effect of the loss as far as X, Y, and
Z are concerned.

ARTICLES RELATED ON THE PROBLEMS

Article 1262
An obligation which consists in the delivery of a
determinate thing shall be extinguished if it should be lost or
destroyed without the fault of the debtor, and before he has
incurred delay.
When by law or stipulation, the obligor is liable even
for fortuitous events, the loss of the thing does not extinguish
the obligation, and he shall be responsible for damages. The
same rule applies when the nature of the obligation requires
the assumption of risk.
Article 1269
The obligation having been extinguished by the loss
of the thing, the creditor shall have all the rights of action
which the debtor may have against third persons by reason of
loss.

PROBLEMS WITH ANSWERS

Problem 2
X obliges himself to deliver a specific thing to Y on
a certain date. The thing was lost by X without his fault
and before he has incurred in delay. Does it mean that X is
already exempt from liability?
-No, X is not exempted from the liability but may be
exempted from the obligation. It is from Article 1262 par. 2
that when by law or stipulation, the obligor is liable even for
the fortuitous events, the loss of the thing does not extinguish
the obligation, and he shall be responsible for damages. The
same rule applies when the nature of the obligation requires
the assumption of risk. As stated, X is liable to Y. It is because
when the law so provides, when the stipulation so provides,
when the nature of the obligation requires the assumption of
risk, and when the obligation to deliver a specific thing arises
from a crime. X may be exempted from the obligation because
it was not his fault that thing was loss and he hasnt incurred
delay in terms of delivering the thing to Y. It was also stated in
Article 1262 par.1 that an obligation which consists in the
delivery of a determinate thing shall be extinguished if it
should be lost or destroyed without the fault of the debtor, and
before he has incurred delay.

Problem 3
Suppose in the preceding problem, X obliges
himself to deliver a specific thing to Y on a certain date.
The thing was lost by X without his fault and before he has
incurred in delay. Does it mean that X is already exempt
from liability?, the thing was lost through the fault of Z, a
third person. State the effect of the loss as far as X, Y, and
Z are concerned.

-X, Y, and Z are all affected by the fault of Z. From

the problem that it was Zs fault, the obligation of X has been
extinguished and he is not liable to Y. X will have the rights to
go against Z.Also, Y has the rights to go against Z and recover
the price of the things with damages. It was stated in Article
1269 that the obligation having been extinguished by the loss
of the thing, the creditor shall have all the rights of action
which the debtor may have against third persons by reason of
loss.