ART.

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.
 Remedies of creditor in real obligation
1. In a specific real obligation (obligation to deliver a determinate thing) the
creditor may exercise the following remedies or rights in case the debtor
fails to comply with his obligation.
 A generic real obligation
(Obligation to deliver a generic thing), on the other hand, can be debtor to
make the delivery, HE MAY ASK FOR PERFORMANCEOF THE OBLIGATION.
ART 1166
The obligation to give a determinate thing includes that of delivering all its accessions
and accessories, even though they may not have been mentioned.

(1) Accessions are the fruits of a thing or additions to or improvements upon a thing
(the principal)
Examples:
House or trees on a land, rents of a building, air-conditioner
(2) Accessories are things joined to or included with the principal thing for the
latter’s embellishment
Examples:
Car and key

Remedies of creditor in positive personal obligation

(1) If the debtor fails to comply with his obligation to do, the creditor has the right:
To have the obligation performed by him, or by another, unless personal
considerations are involved the debtor’s expense.
To recover damages.
(2) In case the obligation is done in contravention of the terms of the same or is
poorly done, it may be ordered (by the court upon complaint) that it be undone if
it is still possible to undo what was done.

PERFORMANCE BY A THIRD PERSON

A personal obligation to do, like a real obligation to deliver a generic thing, can be
performed by a third person, while the debtor can be compelled to make the delivery of
a specific thing (art 1165).

Remedies of creditor in negative personal obligation

In an obligation not to do, the duty of the obligor is to abstain from an act.
Obligation is fulfilled in not doing what is forbidden.

ART 1169

THOSE OBLIGED TO DELIVER OR TO DO SOMETHING INCUR IN DELAY FROM THE TIME

THE OBLIGEE JUDICIALLY OR EXTRA JUDICIALLY DEMANDS FROM THEM THE
FULFILLMENT OF THEIR OBLIGATION.

HOWEVER, THE DEMAND BY THRE CREDITOR SHALL NOT BE NECESSARY IN ORDER THAT
DELAY MAY EXIST;

(1) When the obligation or the law expressly so declares; OR

(2) When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the service is to be rendered
was a controlling motive for the establishment of the contract.

Meaning of delay

Delay or mora as used in the law, is not to be understood according to its meaning in
common parlance.

Ordinary delay- is merely the failure to perform an obligation on time.

Legal delay or default or mora- the failure to perform an obligation on time

KINDS OF DELAY OR DEFAULT

1. MORA SOLVENDI – the delay on the part of the debtor to fulfil his obligation( to
give or to do)
 2. MORA ACCIPIENDI- the delay in the part of the creditor to accept the
performance of the obligation.

3. COMPENSATIO MORAE- or delay of the obligors in reciprocal obligations(like in

sale)

REQUISITES OF DELAY OR DEFAULT BY THE DEBTOR

Failure of the debtor to perform his (positive) obligation on the date agreed upon.

Demand (not mere reminder or notice)

Failure of the debtor to comply with such demand

WHEN DEMAND IS NOT NECESSARY TO PUT DEBTOR IN DELAY

(1) WHEN THE OBILGATION IT SELF

EXAMPLE:
D promised to pay C the sum of 20000 on pr before November 30 WITHOUT THE
NEED OF ANY DEMAND. Therefore, if D fails to pay on Nov 30, he is automatically
in default.
In this case, the parties stipulate to dispense with the demand.
(2) WHEN THE LAW SO DECLARES
EXAMPLE:
Income taxes, business tax (Under the law, taxes should be paid)
(3) WHEN TIME IS OF THE ESSENCE
EXAMPLE:
The delivery of balloons on a particular date when a children’s party will be held
(4) WHEN DEMAND WOULD BE USELESS AS WHEN THE OBLIGOR HAS RENDERED
BEYOND HIS POWER
EXAMPLE:
S obliged himself to deliver a specific horse to B on September 5 through S’s
negligence or deliberate act, or by reason of fortuitous event for which S has
expressly bound himself responsible, the horse died on September 2.
 (5) WHEN THERE IS PERFORMANCE BY A PARTY IN RECIPROCAL OBLIGATIONS DELAY
BY THE OTHER BEGINS
In case of reciprocal obligations, the performance of one is conditioned upon the
simultaneous fulfilment on the part of the other.

ART 1170 -Those who in the performance of their obligations are guilty of fraud,
negligence, or delay and those who in any manner contravene the tenor thereof, are
liable for damages.

GROUNDS FOR LIABLITY (MULTA)

The above provisions gives the four grounds for liability which may entitle tie injured
party to damages.

INCIDENTAL FRAUD (DOLO INCIDENTE)

Committed in the performance of an obligation already existing because of contract

CAUSAL FRAUD (DOLO CAUSANTE)

Or fraud employed in the execution of a contract under article 1338

NEGLIGENCE (FAULT OR CULPA)

It is any voluntary, act or omission, there being no bad faith or malice.

Unintentional

DELAY (MORA)

Discussed in article 1159

COTRAVENTION OF THE TERMS OF THE OBLIGATION

Specific

This is the violation of the terms and conditions stipulated in the obligation
Example: Bridge of contract

E leased the apartment of R for 10000 a month to be paid in advance during the first
week of every month

FORTUITOUS EVENT

Is nay event which cannot be foreseen, or which though foreseen, is inevitable

Example: Earthquake, lightning, fire.

DIFFERENT KINDS OF OBLIGATIONS

PURE OBLIGATION

ART 1179- EVERY OBLIGATION WHOSE PERFORMANCE DOES NOT DEPEND UPN THE
FUTURE OR UNCERTAIN EVENT, OR UPN A PAST EVENT UNKNOWN TO THE PARTIES, IS
DEMANDABLE AT ONCE. EVERY OBLIGATON WHICH CONTAIN A RESOLUTORY
CONDITION SHALL ALSO BE DEMANDABLE, WITHOUT PREJUDICE TO THE EFFECTS OF
THE HAPPENING OF THE EVENT.

PURE OBLIGATION is one which is not subject to any condition and no specific date
mentioned for its fulfilment and is, therefore, immediately demandable.

Examples: D obliges himself to pay C 1000. The obligation is immediately demandable

because there is no condition and no date is mentioned for its fulfilment.

OBLIGATIONS WITH A PERIOD

Is one for whose fulfilment a period or term has been fixed.

What is PERIOD?

- A certain event upon the arrival of which the obligation subject to it either or is
extinguished.
GIVE THE DISTINCTIONS BETWEEN A PERIOD AND A CONDITION

1. AS TO FULFILLMENT- a period is a certain event, while a condition is an uncertain

event, it may or may not happen.
2. AS TO TIME – refers to the future, while a condition may refer to the past.
3. AS TO INFLUENCE ON OBLIGATION- merely fixes the time for the efficaciousness
of an obligation, while a condition causes an obligation to arise or to cease
4. AS TO RETROACTIVITY OF EFFECTS- Unless there is an agreement to the contrary,
the arrival of a period does not have any retroactive effect.

WHAT ARE THE KINDS OF PERIODS

THEY ARE:

(1) AS TO EFFECT:

SUSPENSIVE (ex.die) –a day certain the arrival of which makes the obligation
demandable

Example:

X binds himself to pay 30 days from today; or on January 1; next year or at the end of
the month

RESOLUTORY (in diem)-a day certain the arrival of which terminates the obligation.

Example:

X binds himself to give Y 1,000 a month until the end of the year.
(2) AS TO SOURCE:
LEGAL –when the period is provided by law
CONVENTIONAL OR VOLUNTARY-when the period agreed to by the parties
JUDICIAL-when the period is fixed by the court.

(3) AS TO DEFINITENESS:
DEFINITE-when it is fixed or known when the period will come. (e.g, October 31,2006;
the end of the year; next Christmas )
INDEFINITE-when it is not fixed or it is not known when the period will come (e.g, upon
the death of a person)
WHAT IS THE RIGHT OF THE OBLIGOR WHO MADE PAYMENT BEFORE ARRIVAL OF THE
PERIOD
Anything paid or delivered by the obligor before the arrival of the period
WHEN IS A PERIOD FOR THE BENEFIT OR BOTH CREDITOR AND THE DEBTOR
Whenever in an obligation a period is designated, it is presumed to have been
established for the benefit of both the creditor and the debtor (art.1196)
- If from the circumstances or stipulation, the period is
(a) FOR THE BENEFIT OF THE DEBTOR, he cannot be compelled to pay before the
maturity. (e.g, D borrowed from C 10,000 to be paid WITHIN ONE YEAR without
interest.
(b) FOR THE BENEFIT OF THE CREDITOR, he can demand payment but cannot be
compelled to accept payment before the debt has matured (e.g, D borrowed
from C 10,000 AT 12% interest payable before December 31 but C may demand
payment even before said date.
WHEN IS THE COURT AUTHORIZED TO FIX THE PERIOD OF AN OBLIGATION
There are two (2) cases, namely:
(1) When the obligation does not fix a period but it can be inferred from its nature
and the circumstances that a period was intended (art. 1197 where X agreed to
construct the house of Y and the parties failed to fix the period within which the
construction is to be made, it is evident that X should construct the house within
a certain period.
(2) When the duration of the period depends upon the will of the debtor (e.g, where
X agreed to pay Y when his [X’s] means permit him to do so [art.1180] or little by
little or as soon as possible.

WHEN MAY THE DEBTOR BE COMPELLED BY THE CREDITOR TO PAY EVEN BEFORE THE
DUE DATE OF THE OBLIGATION?
(1) WHEN THE DEBTOR BECOMES INSOLVENT UNLESS HE GIVES A GUARANTY OR
SECURITY
(2) WHEN HE DOES NOT FURNISH TO THE CREDITOR THE GUARANTIES OR
SECURITIES WHICH HE HAS PROMISED.
(3) WHEN BY HIS OWN ACTS, HE HAS IMPAIRED SAID GUARANTIES OR SECURITIES
OR WHEN THOUGH A FORTOUTIOUS EVEMT THEY DISAPPEAR, UNLESS HE GIVES
NEW ONES EQUALLY SATISFACTORY
(4) WHE HE VIOLATES ANY UNDERTAKING, IN CINSIDERATION OF WHICH THE
CREDITOR AGREED TO THE PERIOD
(5) WHEN HE ATTEMPTS TO ABSCOND(art 1198)