Professional Documents
Culture Documents
I. Definitions
2. Personal right;
Personal right is the right or power of a person (creditor) to demand from another
(debtor), as a definite passive subject, the fulfillment of the latter’s obligation to give, to
Legal delay or default or mora is the failure to perform an obligation on time which
4. Fortuitous event;
Fortuitous event is any event which cannot be foreseen or which, through foreseen, is
The phrase has been equated with ordinary care or that diligence which an average (a
reasonably prudent) person exercises over his own property. (Article 1163).
II. Discussions
1. Give the rules as to the liability of a person for loss or damage resulting from a fortuitous event.
According to Article 1174, a person is not liable for loss or damage caused to another resulting
from the non-performance of his obligation due to fortuitous events. In other words, his obligation is
extinguished. Except
(1) When expressly specified by law, like if the debtor is guilty of fraud, negligence, delay, or
contravention of the tenor of the obligation or the debtor has promised to deliver the same specific or
determinate thing to two or more persons who do not have the same interest, or the obligation to
deliver a specific thing arises from a crime or the thing to be delivered is generic. And,
(3) When the nature of the obligation requires the assumption of risk.
2. What rights are given by law to the creditor in case the debtor fails to comply with his obligation to
deliver a specific thing?
According to Article 1165, the creditor may exercise remedies in case the debtor fails to comply
with his obligation which are to demand specific performance or fulfillment (if still possible) of the
obligation with a right to indemnity for damages, to demand recission or cancellation (in certain cases)
of the obligation also with a right to recover damages and lastly is to demand payment of damages only,
where it is the only possible remedy.
them.
In Article 1166, when delivering a definite thing, all accessions and accessories
are also delivered, even they are not mentioned. Accessions are the fruits of a thing or
additions to or improvements upon a thing (the principal). While the accessories are
things joined to or included with the principal thing for the latter’s embellishment,
performs it in contravention of the agreement, what are the remedies available to the
creditor?
According to Article 1167, the remedies available to creditor if the debtor fails to
comply with his obligation to do, the creditor has the right (a) to have the obligation
the debtor’s expense and (b) to recover damages. However, 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.
5. Can a debtor be put in delay and consequently incur liability even without demand
According to Article 1169, delay by the debtor begins only from the moment a
made by the creditor. Except, demand is not needed when the obligation so provides,
when the law provides, when time is of the essence, and when demand would be
useless.
oIf it is future fraud, the waiver of action is void. A contrary rule would encourage
the perpetration of fraud because the obligor knows that even if he should commit
fraud, he would not be liable for it, thus making the obligation illusory.
oIf it is past fraud, the waiver of action is valid. Because the waiver can be
considered as an act of generosity and magnanimity on the part of the party who
is the victim of fraud. In here, the waiver must be expressed in clear language
which leaves no doubt as to the intention of the obligee to give up his right against
the obligor.
oAn action for future negligence may be renounced except where the nature of the
common carriers.
III. Problems
Explain or state briefly the rule or reason for your answer.
1. S (seller sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20.
However, on July 15, S sold again and delivered the horse to T. Who has a better right
to Silver?
T has the better right to the horse, because according to the Article 1164, the
creditor has the right to the fruits of the thing from the time the obligation to deliver
arises. However, he shall acquire no real right over it until the same has been
delivered to him. Therefore, in this case, S only have the personal right to the Silver
which means, he only has the power to demand to B. While on the other hand, T has
the real right to Silver which means, a right over a specific thing, like ownership.
2. S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S
did not deliver the refrigerator on said date. Is S guilty of legal delay?
No, because according to Article 1169, ordinary delay is the failure to perform the
obligation on time. Therefore, S is only in ordinary delay, since B did not make any
demand to S for the delivery. Even though there is a period fixed for the delivery, S is
3. S promised to deliver to B a female horse named Suzie on July 10. Suzie gave birth to
a colt on July 5.
2) Deliver the fruit of the thing which is the colt if it was born before the
S has the right to colt. According to Article 1164, since the colt was born
before the obligation to deliver the horse arisen. Therefore, S does not have to
give the colt to B.
c. Who is the lawful owner of Suzie in case it was sold and delivered by S to T
on July 8?
T is the lawful owner of Suzie, since T acquired the real right to the female
horse.
4. D (debtor) borrowed P20,000 from C (creditor) payable after one (1) year. Is D liable
to pay interest?
5. R (lessor) issued a receipt that E (lessee) has paid the rent for the months of March,
2008. Can R still collect from E the rents for January and February, 2008?
Yes, even though According to the Article 1176, the receipt of a later installment
For this case, it was presumed that the rent for the months of January and
February have already been paid. But this presumption is a disputable one, R can
show that the receipt is only the rent for the month of March.