TITLE 1: Obligations (5) Quasi-delicts.

from contracts have the

(1089a) force of law between the
Chapter 1: General contracting parties and
Provisions ARTICLE 1158. should be complied with
Obligations derived in good faith. (1091a)
ARTICLE 1156. An from law are not
obligation is a juridical presumed. Only those ARTICLE 1160.
necessity to give, to do expressly determined in Obligations derived
or not to do. (n) this Code or in special from quasi-contracts
ARTICLE 1157. laws are demandable, shall be subject to the
Obligations arise from: and shall be regulated provisions of Chapter 1,
by the precepts of the Title XVII, of this Book.
(1) Law; law which establishes (n)
them; and as to what
(2) Contracts; ARTICLE 1161. Civil
has not been foreseen,
by the provisions of this obligations arising from
(3) Quasi-contracts;
Book. (1090) criminal offenses shall
(4) Acts or omissions be governed by the
punished by law; and ARTICLE 1159. penal laws, subject to
Obligations arising the provisions of article
2177, and of the ARTICLE 1163. Every
pertinent provisions of person obliged to give
Chapter 2, Preliminary something is also
Title, on Human obliged to take care of it
Relations, and of Title with the proper
XVIII of this Book, diligence of a good
regulating damages. father of a family,
(1092a) unless the law or the
stipulation of the parties
ARTICLE 1162. requires another
Obligations derived standard of care.
from quasi-delicts shall (1094a)
be governed by the
provisions of Chapter 2, ARTICLE 1164. The
Title XVII of this Book, creditor has a right to
and by special laws. the fruits of the thing
(1093a) from the time the
obligation to deliver it
Chapter 2: Nature and arises. However, he
Effect of Obligations
shall acquire no real
right over it until the
same has been delivered
to him. (1095)
ARTICLE 1165. When
what is to be delivered
is a determinate thing,
the creditor, in addition
to the right granted him
by article 1170, may
compel the debtor to
make the delivery.
If the thing is
indeterminate or
generic, he may ask that
the obligation be
complied with at the
expense of the debtor.
If the obligor delays, or they may not have been
has promised to deliver mentioned. (1097a)
the same thing to two or
more persons who do ARTICLE 1167. If a
not have the same person obliged to do
interest, he shall be something fails to do it,
responsible for any the same shall be
fortuitous event until he executed at his cost.
has effected the
This same rule shall be
delivery. (1096) observed if he does it in
ARTICLE 1166. The contravention of the
obligation to give a tenor of the obligation.
determinate thing Furthermore, it may be
includes that of decreed that what has
delivering all its been poorly done be
accessions and undone. (1098)
accessories, even though
ARTICLE 1168. When
the obligation consists
in not doing, and the
obligor does what has
been forbidden him, it
shall also be undone at
his expense. (1099a)
ARTICLE 1169. Those
obliged to deliver or to
do something incur in
delay from the time the
obligee judicially or
extrajudicially demands
from them the
fulfillment of their
obligation.
However, the demand
by the creditor shall not
be necessary in order
that delay may exist:
(1) When the obligation rendered it beyond his
or the law expressly so power to perform.
declare; or
In reciprocal
(2) When from the obligations, neither
nature and the party incurs in delay if
circumstances of the the other does not
obligation it appears comply or is not ready
that the designation of to comply in a proper
the time when the thing manner with what is
is to be delivered or the incumbent upon him.
service is to be rendered From the moment one
was a controlling motive of the parties fulfills his
for the establishment of obligation, delay by the
the contract; or other begins. (1100a)
(3) When demand ARTICLE 1170. Those
would be useless, as who in the performance
when the obligor has of their obligations are
guilty of fraud,
negligence, or delay,
and those who in any
manner contravene the
tenor thereof, are liable
for damages. (1101)
ARTICLE 1171.
Responsibility arising
from fraud is
demandable in all
obligations. Any waiver
of an action for future
fraud is void. (1102a)
ARTICLE 1172.
Responsibility arising
from negligence in the
performance of every
kind of obligation is also
demandable, but such
liability may be paragraph 2, shall the assumption of risk,
regulated by the courts, apply. no person shall be
according to the responsible for those
circumstances. (1103) If the law or contract events which could not
does not state the be foreseen, or which,
ARTICLE 1173. The diligence which is to be though foreseen, were
fault or negligence of observed in the inevitable. (1105a)
the obligor consists in performance, that
the omission of that which is expected of a ARTICLE 1175.
diligence which is good father of a family Usurious transactions
required by the nature shall be required. shall be governed by
of the obligation and (1104a) special laws. (n)
corresponds with the
circumstances of the ARTICLE 1174. Except ARTICLE 1176. The
persons, of the time and in cases expressly receipt of the principal
of the place. When specified by the law, or by the creditor, without
negligence shows bad when it is otherwise reservation with respect
faith, the provisions of declared by stipulation, to the interest, shall give
articles 1171 and 2201, or when the nature of rise to the presumption
the obligation requires
that said interest has the same purpose, save Section 1: Pure and
been paid. those which are Conditional Obligations
inherent in his person; ARTICLE 1179. Every
The receipt of a later they may also impugn obligation whose
installment of a debt the acts which the performance does not
without reservation as debtor may have done depend upon a future or
to prior installments, to defraud them. (1111) uncertain event, or
shall likewise raise the upon a past event
presumption that such ARTICLE 1178. unknown to the parties,
installments have been Subject to the laws, all is demandable at once.
paid. (1110a) rights acquired in virtue
of an obligation are Every obligation which
ARTICLE 1177. The transmissible, if there contains a resolutory
creditors, after having has been no stipulation condition shall also be
pursued the property in to the contrary. (1112) demandable, without
possession of the debtor prejudice to the effects
to satisfy their claims, Chapter 3: Different of the happening of the
may exercise all the Kinds of Obligations event. (1113)
rights and bring all the
actions of the latter for
ARTICLE 1180. When constitutes the customs or public policy
the debtor binds himself condition. (1114) and those prohibited by
to pay when his means law shall annul the
permit him to do so, the ARTICLE 1182. When obligation which
obligation shall be the fulfillment of the depends upon them. If
deemed to be one with a condition depends upon the obligation is
period, subject to the the sole will of the divisible, that part
provisions of article debtor, the conditional thereof which is not
1197. (n) obligation shall be void. affected by the
If it depends upon impossible or unlawful
ARTICLE 1181. In chance or upon the will condition shall be valid.
conditional obligations, of a third person, the
the acquisition of rights, obligation shall take The condition not to do
as well as the effect in conformity an impossible thing
extinguishment or loss with the provisions of shall be considered as
of those already this Code. (1115) not having been agreed
acquired, shall depend upon. (1116a)
upon the happening of ARTICLE 1183.
the event which Impossible conditions, ARTICLE 1184. The
those contrary to good condition that some
event happen at a evident that the event
determinate time shall cannot occur.
extinguish the
obligation as soon as the If no time has been
time expires or if it has fixed, the condition shall
become indubitable that be deemed fulfilled at
the event will not take such time as may have
place. (1117) probably been
contemplated, bearing
ARTICLE 1185. The in mind the nature of
condition that some the obligation. (1118)
event will not happen at
a determinate time shall ARTICLE 1186. The
condition shall be
render the obligation
effective from the deemed fulfilled when
the obligor voluntarily
moment the time
indicated has elapsed, prevents its fulfillment.
(1119)
or if it has become
ARTICLE 1187. The
effects of a conditional
obligation to give, once
the condition has been
fulfilled, shall retroact
to the day of the
constitution of the
obligation. Nevertheless,
when the obligation
imposes reciprocal
prestations upon the
parties, the fruits and
interests during the
pendency of the
condition shall be
deemed to have been
mutually compensated.
If the obligation is
unilateral, the debtor
shall appropriate the ARTICLE 1188. The
fruits and interests creditor may, before the
received, unless from fulfillment of the
the nature and condition, bring the
circumstances of the appropriate actions for
obligation it should be the preservation of his
inferred that the right.
intention of the person
constituting the same The debtor may recover
was different. what during the same
time he has paid by
In obligations to do and mistake in case of a
not to do, the courts suspensive condition.
shall determine, in each (1121a)
case, the retroactive
effect of the condition ARTICLE 1189. When
that has been complied the conditions have
with. (1120) been imposed with the
intention of suspending
the efficacy of an
obligation to give, the
following rules shall be
observed in case of the
improvement, loss or
deterioration of the
thing during the
pendency of the
condition:
(1) If the thing is lost
without the fault of the
debtor, the obligation
shall be extinguished;
(2) If the thing is lost
through the fault of the
debtor, he shall be
obliged to pay damages;
it is understood that the
thing is lost when it
perishes, or goes out of indemnity for damages extinguishment of an
commerce, or in either case; obligation to give, the
disappears in such a parties, upon the
way that its existence is (5) If the thing is fulfillment of said
unknown or it cannot be improved by its nature, conditions, shall return
recovered; or by time, the to each other what they
improvement shall have received.
(3) When the thing inure to the benefit of
deteriorates without the the creditor; In case of the loss,
fault of the debtor, the deterioration or
impairment is to be (6) If it is improved at improvement of the
borne by the creditor; the expense of the thing, the provisions
debtor, he shall have no which, with respect to
(4) If it deteriorates other right than that the debtor, are laid
through the fault of the granted to the down in the preceding
debtor, the creditor may usufructuary. (1122) article shall be applied
choose between the to the party who is
rescission of the ARTICLE 1190. When
the conditions have for bound to return.
obligation and its
fulfillment, with their purpose the
As for obligations to do fulfillment and the who have acquired the
and not to do, the rescission of the thing, in accordance
provisions of the second obligation, with the with articles 1385 and
paragraph of article payment of damages in 1388 and the Mortgage
1187 shall be observed either case. He may also Law. (1124)
as regards the effect of seek rescission, even
the extinguishment of after he has chosen ARTICLE 1192. In case
the obligation. (1123) fulfillment, if the latter both parties have
should become committed a breach of
ARTICLE 1191. The impossible. the obligation, the
power to rescind liability of the first
obligations is implied in The court shall decree infractor shall be
reciprocal ones, in case the rescission claimed, equitably tempered by
one of the obligors unless there be just the courts. If it cannot
should not comply with cause authorizing the be determined which of
what is incumbent upon fixing of a period. the parties first violated
him. the contract, the same
This is understood to be shall be deemed
The injured party may without prejudice to the extinguished, and each
choose between the rights of third persons
shall bear his own
damages. (n)