ARTICLE 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, or which, though foreseen, were inevitable. (1105a)

Fortuitous event

Any event which cannot be foreseen, or which, though foreseen, is inevitable.

It can be:

Acts of man - independenr will of the obligor but not of other human will. ( Ex. Fire, war, robbery,
murder etc)

Acts of God - totally independent of the will of every human being. (Ex. earthquake, flood, rain,
lightning, volcanic eruption). The term generally applies to natural accident.

Requisites of a fortuitous event

a.The cause of unforeseen and unexpected occurrence, or of the failure of the debtor to comply with his
obligation must be independent of the human will

b.It must be impossible to foresee the event which constitute caso fortuito, or if it can be foreseen, it
must be impossible to avoid

c.The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a
normal manner

d.The obligor must be free from any participation in the aggravation of the injury resulting to the
creditor

In order that a fortuitous event may exempt a person from liability, he be free from any previous
negligence or misconduct by reason of which the loss may have been occasioned.

There should have been no human participation amounting to a negligent act

Exceptions:

1.Expressly specified by law

2.Declared by stipulation of the parties

3.The nature of the obligation requires the assumption of risk

Assumption of risk

– ordinarily requires knowledge and appreciation of the risk and a voluntary choice to encounter it.
The obligor or debtor, with full knowledge of the risk, voluntarily enters into some relation with the
obligee or creditor.