Debtor/obligor

Creditor/obligee
Article 1169
Gives the concept of Delay, it can also be called default or mora.
Not all delay is considered as part of provisions of article 1169.
It is meaning the legal delay.

Delay has two kinds:

1. Ordinary Delay – merely the failure to perform an obligation on time
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2. Legal Delay/Default/Mora (Article 11 – failure to perfom an obligation on time which failutre constitutes a
breach of obligation.
a. Mora Solvendi – delay on the part of the debtor
- delay to perform o fulfil hisobligation, to give or to do
b. Mora accipiendi – delay on the part f the creditor
- to accept the obligations
c. Compensatio morae – delay of the obligors in the reciprocal obligations
- default on the both parties.
- parties are in reciprocal obligations
- neither party was in default

Negative Personal Obligation – obligation is not to do an act, not to do an act

- no delay
- delay is impossible for the debtor to fulfill his obligation by not doing what has been forbidden him
- cannot put Mora Solvendi

Requisites of Delay or default by the debtor

1. Given emphasize on the positive obligation.
2. Important requisites; if the debtor is already or did not perform his obligation, it can conclude easily in
mora solvendi or in default of obligation. It is not applicable because that important requisite, it has to be
demand. Demand may be Judicial demand (creditor would go to court and ask the debtor would now
comply his condition.) or extra judicial demand (creditor would personally go to the debtor and ask to
comply his obligation directly; the word of mouth). Demand is not just a mere reminder or notics, it is not
sufficient that the creditor would remind and give notice of the performance of obligation on the part of
creditor.
3.
“Obligation is due or demandable”
If the requisites are present, then the creditor is in mora solvendi.

EFFECTS OF DELAY
a. Debtor is guilty of breach
Liabiity is in the part of the debtor.
Consignation is the act of debtor in depositing in the thing or sum due in the proper cause if yhe creditor is refuse to
fulfill his duty in the debtor,

Reciprocal obligation – delay of one will not consider as a delay if the other is not yet ready to perform his
obligation.
- no default or delay on both parties.
In order that the debtor is considered in delay in the performance of his obligation, there is called the demand in
juridical and extra juridical demand.

DEMOND IS NOT NECESSARY

1. Provides that there is no more in need for the creditor to demand the debtor by the performance of his
obligation, then it is not necessary.
2. e.g., Payment of taxes, that provide the income earner must provide his income tax return.
3. Making a wedding dress.
 4. Requisites of demand would no longer serve its purpose.
5. Performance of one is a simultaneous fulfillment on part of the another.
- arising on the same cost and are to fulfill at the same time.
- no need to demand if the performance of one party in the reciprocal obligation.
Article 1170
Ground for liability these are the factors where in the injured party can now claim the damages to the other prarty
who did not perform his obligation.

4 Grounds due to not fulfillment of the obligation

1. Fraud – it is the deliberate or international evasion of the normal fulfillment of an obligation
- acts of person who wants to deliberately harm the person, but (as a ground of liability and
entitlement of the part of the injured party)
- deliberate or intentional – that intent on the part of the debtor to evade the normal fulfillment of
his obligation.
- fraud can be called decit or dolo
2 types
a. Incidental fraud/dolo incidente – results in nonfulfillment or breach of the obligation
- committed on the performance of obligations that is already
consisting of the contract.
To get the consent of the oblige is not the principal inducement(why the creditor enter
into the contract) that now lead to obligee to enter into the contract and because of that,
that fraud would.
- given rises to a right of the creditor or obligee to recover damages from the
debtor or obligor
- The right to recover the damages created by the debtor.
b. Causal fraud/dolo causante – present only at the time of the birth of the obligation
- employed for the purpose of securing the consent of the other party to enter
into the contract.
- fraud that has been employed by the debtor the main reason is the principal
injuste why the creditor enter into the contract.
(for him to ask for the annulment of the contract)
- it has the consent
2. Negligence – any voluntary act or omission, there being no bad faith or malice, which prevents the normal
fulfillment of an obligation.
- correspond in circumstance of the person of the time of that place.
- the failure to observe of that degree of care
- the precaution the vigilance, there has been now the injury that a person suffered.
- there has been no bad faith or malice in negligence also known as fault or culpa.
- voluntary act or omission of an act
- didn’t exercise the degree of care, the reason why the third person suffer.
- omission to exercise the degree of care.
3. Delay (mora) Aritcle 1169 entitled for the injured party to claim damages
4. Contravention of the Tenor of the Obligation – the violation f the terms and agreement

FRAUD AND NEGLIGENCE DISTINGUISHED

Waiver of Action (Article 1171)
Willingly give up or renounce a right or claim.
- no longer exercise the right even it has frud or negligence.
Waiver of action for future fraud is VOID because it is against the law and against the public policy.
Future fraud that has not been committed, there is a preson renonoucing his right not to do such crime on claiming
that is not allowed.
Waiver of Action is past Fraud is valid
- the waiver is valid because
act of generosity and magnanimity
- renouncing hs right to file an action for damages.
- committed the past and the person who was injured and harmed and say I will no longer file action for damages, it
is alright. It is valid because the fraud is already committed in the past.
- The person means it has been forgotten.
Waiver in the future means that the commission of the fraud is still in the future.

Article 1172 Responsibility arising from negligence in the performance of every kind of obligation is also
demandable, but such liability may be regulated by the courts, according to the circumstances.

Negligence or fault (culpa)

Failure to observe for the protection of the interest of another person, that degree of care, precaution and
vigilance which the circumstances justly demand, whereby such persons suffers injury. (United States vs Barrias, 23
PHIL 434).
- voluntary act or omission, however no bad faith or malice
- consists of obligor of that negligence which required by him

FACTORS TO BE CONSIDERED
 Nature of the obligation
 Circumstances of the person
 Circumstances of time
 Circumstances of the place

Waiver of Action Arising from Negligence in the future

It is valid that waiver of action
- future negligence as a general rule is valid. Except when the nature of obligation requires the exercise of
extraordinary diligence.
- Negligence shows bad faith – equivalent to fraud and that is considered as valid.

KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION

1. Contractual Negligence (culpa contractual) – negligence in contracts resulting in their breach
*not a source of obligation
Merely, as the debtor libale of the damages, because of the negligence in pre-existing obligation.
- committed in the performance of the contract.
- mere incidental in the performance of b;ligation that is exiting between the parties.
2. Civil Negligence (culpa aquiliana) – negligence which by itself is the source of an obligation between the
parties not so related before by any pre-existing contract
- the negligence is the source of the obligation between the parties not so related in the pre-existing contract
- this negliugence is wrong.
- no criminal intent
- source of an obligation
- the parties are not so related with each other at the time there is negligence in the obligation itself.
*also called tort or quasi-delict
3. Ciminal Negligence (culpa criminal) – negligence resulting in the commission of a crime.
- the defense of a good father in the family, is not a defense. Because the guilt of the employee is
the civil guilt of the employer.
- best illustrated if there would be accident, common carriers, and what has been said where the
negligence is called the culpa criminal where there is now a crime which resulted in such a
negligence.

Article 1173
KINDS OF DILIGENCE REQUIRED IN OBLIGATION
1. That agree upon by the parties, orally or in writing
- not contrary to the law
2. It is now that required by the law itself
If the party is silent it is the law will now supply that kind of diligence
Estra ordinary dellgence – the law will the one that say that
 At stake will be the lives of the person who are being transported by common carrier from one place to
another.

Article 1174
Fortuitous Events – any event which cannot be foreseen, or which, though foreseen, is inevitable
- you could not foresee the even can’t say that event will happen
- or you could foree that event will happen, but it will always ivetable to happen or event which should or
could not be foreseen or anticipated, but it ust be one which also impossible to foresee or avoid.
- impossible to avoid or foresee the event.
2 KINds
1. Ordinary – common which the parties reasonably foresee.
- can be foresee the event of the rain
- naturally come and would naturally happen.
2. Extra – Ordinary – uncommon which the contracting parties could not have been reasonably foreseen.
- the war
- earthquakes

FORTUITOUS EVENTS
Acts of man – independent f the will of the obligor but not of other human wills.
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Acts of God – refere to as force majeure or those events which are titally independent of the will of every human
being

REQUISITES OF THE FORTUITOS EVENTS

1. no participation of the part of the debtor
2. no idea that the event will happen, but you see that it may happen but hard to avoid
3. the event would now lead the parties to conclude that it is really impossible for the debtor that he would be
able to comply his obligation in normal matter.
4. Creditor has nothing to do that cause by the debtor
- important requisites.
- he is free from any participation

GENERAL RULE
If the obligor is unable to comply with his obligation by reason of a fortuitous event, the general rule is that he
is exempted from any liability whatsoever.
His obligation is extinguished.
- no person shall be responsible for fortuitious events

Exceptions
1. A Grounds for liability
B If the damaged or loss is happen the debtor is liable
C Person committed a crime of theft. A stole the carabao of B.
D Liability of A if found guilty, by the court aside from the criminal liability but also the civil liability.
2. Even if the debtor or thing to be delivered the debtor is not liable. It is considered valid and agreed upon
that the accurence of fortitpus events will not exempt by the debtor.
3. Contract of insurance
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