FORTUITOUS EVENTS

Acts of God Acts of Man

earthquakes, storms, floods, epidemics armed invasion, robbery, war

TO DO NOT TO DO TO GIVE (specific) TO GIVE (generic)

Debtor is EXEMPT if: Debtor is LIABLE if:

→ breach was independent of human will; → he delays
→ event was unforeseeable or unavoidable; → so stipulated
→ event rendered fulfillment impossible; & → law makes him liable
→ debtor was free from any participation → liability from delict
→ nature of obligation
makes him liable
→ he promised same
thing to 2 or more
persons who do not
have same interest
→ obligation requires
assumption of risk

Remedies of Creditor
Substitute Equivalent Specific performance
performance performance
Equivalent Substitute
performance performance
Equivalent
performance
Accion subrogatoria
Accion pauliana
Accion directa