ART. 1174.

Except in
cases expressly specified by the
law, or when it is otherwise
declared by stipulation, or when
the nature of the obligation
requires the assumption of risk, no
person shall be responsible for

those events which could not be

foreseen, were inevitable.

Fortuitous Event
Is any event which cannot
be foreseen, or which,
though foreseen, is
inevitable. Stated

otherwise, it is an event
which either impossible to
foresee or impossible to
avoid.
ACTS OF MAN

Strictly speaking,
fortuitous event is an event
independent of the will of
the obligor but not of other
human wills.
EXAMPLES: War, fire,
robbery, murder, etc.

ACTS OF GOD
They refer to what is called
majeure or those event
which are totally
independent will of every
human being.

EXAMPLES: earthquake,
flood, rain, etc.
KINDS OF FORTUITOUS
EVENT
ORDINARY FORTUITOUS
EVENT or those events

which are common and

which the contracting
parties could reasonably
foresee.
EXTRA-ORDINARY
FORTUITOUS EVENTS or

those events which are

uncommon and which the
contracting parties could
not have reasonably
foreseen.

REQUISITIES OF A
FORTUITOUS EVENT.
1. The event must be
independent of the human
will or at least of the
debtors will;

2. The event could not be

foreseen, or if foreseen, is
inevitable;
3. The event must be of such
a characters as to render it
impossible for the debtor to

comply with his obligation in

a normal manner and
4. The debtor must be free
from any participation in, or
the aggravation of, the injury
to the creditor, that is, there
is no concurrent negligence
on his part.