37:13 – 41:47

Based on the doctrine of article (19….. Rebus…). It’s an international law principle somehow adopted in
civil law.

What is that doctrine? (Latin Term)

What do you call the doctrine in English because that may appear in the bar exam?

Doctrine of unforeseen events. Take note, it’s not fortuitous event. It’s the doctrine of unforeseen
events or the doctrine of (Latin Term) as applied to Civil Law or contracts.

What is that doctrine of unforeseen events?

When the circumstances of the company make it really difficult to comply with the obligation, the court
will give them an out from the obligation.

I like your phrasing. It’s not very lawyer-y. That’s good. When you practice, remember when you’re
dealing with clients, they’re not lawyers. In fact, lawyers don’t even understand sometimes. But, you
have to use language plain enough for you clients to understand.

What are the requisites for a successful (play?) of the doctrine of unforeseen events?

 The event would not have been foreseen at the time of the execution of the contract
 The circumstances have made it difficult for one party to comply with the obligation.
o So how is it different from fortuitous event?
 Fortuitous – the event makes it impossible to fulfil the obligation
 Doctrine of Unforeseen – the event makes it extremely difficult to fulfil the
obligation
 The party should not have caused the event or aggravating the injury.
 The contract is for a future (prestation?) excluding speculative transactions.