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CHAPTER 2 (Arts. 1163-1178) - TITLE I …

CHAPTER 2 (Arts. 1163-1178) -

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TITLE I, CHAPTER 2 – Nature & Effect of Obligations (Articles 1163-

1178)

CHAPTER 2
NATURE AND EFFECT OF OBLIGATIONS
(Arts. 1163-1178)

STUDY GUIDE :

« Distinguish: Specific/Determinate vs.

Generic/Indeterminate Thing

¤ A. DUTIES IN A SPECIFIC REAL OBLIGATION ¤

1. Preserve the thing. (Arts. 1163 & 1173, par. 2)

# Reason for the duty.
# Standard of care required :
(a) Law (b)
Contract
(c) Diligence of a good father of a family
(c.1.) Factors to be considered : (Art. 1173,
par. 1)
i. nature of obligation iii.
circumstances of time
ii. circumstances of person iv.
circumstances of place
2. Deliver the fruits of the thing. (Art. 1164)
# Kinds of fruits (natural, industrial & civil)

# Creditor’s right to the fruits :

(a)personal right (jus in personam) → when the
obligation to deliver
arises
(b) real right (jus in rem) → when there is delivery
[= ownership]

TITLE I, CHAPTER 2 – Nature & Effect of Obligations (Articles 1163-

1178)

3. Deliver the accessions and accessories.

(Art.1166)
4. Deliver the thing itself. (Art. 1165, pars. 1&3)
# The delivery must be personal (made by the debtor
himself), exclusive (made to the creditor only) and timely
(without delay).

5. Answer for damages in case of breach. (Art.

1170)
# Remedies of the creditor in case of the debtor’s
failure to perform his obligation :
(a)specific performance (if compliance is still possible)
+ damages; OR
(b)rescission + damages; OR
(c) damages only (where it is the ONLY possible
remedy).

¤ B. DUTIES IN A GENERIC REAL OBLIGATION ¤

1. Deliver a thing of the quality intended by the

parties. (Art. 1246)

2. Answer for damages in case of breach. (Art.

1170)
# Remedies of the creditor in case of the debtor’s
failure to perform his obligation :
(a) specific performance or compliance; OR
(b) substitute performance (i.e., the obligation is
performed by another person at the debtor’s
expense) [Art. 1165, par. 2] + damages; OR

TITLE I, CHAPTER 2 – Nature & Effect of Obligations (Articles 1163-

1178)

(c) damages only (where it is the ONLY possible

remedy).

¤ C. POSITIVE PERSONAL OBLIGATION ¤

1. Specific performance is NOT available as a

remedy to the creditor as this may amount to
violation of the constitutional prohibition on
involuntary servitude.
2. Remedies of the creditor in case of : (Arts. 1167
& 1170)
(a) Failure TO DO → substitute performance +
damages
Exception : If the personal qualifications of the
debtor was the determining motive for the
obligation contracted, the ONLY remedy of the
creditor is to recover damages.

(b) Breach and/or poor execution → proper

execution of the obligation at the debtor’s
expense + damages

2. REMEMBER : If substitute performance is still

available (i.e., the obligation can still be performed at
the expense of the debtor notwithstanding his failure
or refusal to do so), the court is NOT authorized to
merely grant damages to the creditor.

¤ D. NEGATIVE PERSONAL OBLIGATION ¤

1. The forbidden act shall be undone at the debtor’s

expense. (Art. 1168)

TITLE I, CHAPTER 2 – Nature & Effect of Obligations (Articles 1163-

1178)

2. REMEMBER : Non-fulfillment may take place BUT

specific performance is NOT a remedy. This is because
the debtor fulfils by not doing what has been forbidden
him.

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TERM
Winter '16

TAGS
Law, Human Resource Management, 1966, 1981,
1986, 1970, 1977

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