Scribd Logo
Upload

Welcome to Scribd!

  • Untitled

    Uploaded by

    Harmony Brooks
    17 views18 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    17 views18 pages

    Untitled

    Uploaded by

    Harmony Brooks

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 18
    88 subsite, trough the negligence ofthe obligor doesnot render him lable. Bs forthe los of the substitute fraud. 4. fall arelot through the debic's fo the eet may Art 1205. pon, bat the obligor may reader another In substitution, the ablgaion sealed feetatve. 7 OBLIGATIONS | ‘lim the price of any of them plus damages. Example 3 Assume that inthe preceding example, the tree animals re las hgh D's faut, Cay lal the pice ‘fay ofthom plus damages. ‘When only one prestaton ins been agreed ‘The loss or deteriora mn_of the thing intended as ‘once the substtation bas en made the obligor Vale account of bis delay, negligence oF Faculatveobliation, concent ‘A facultative obligation ian obligation where only one presation has been agreed upon but the debior may {notin sbetttion, Bamples: a. Disobliged to give Ca spf rine. but iD so desires hemay delveca speci wristwatch asa subsite. b— Dowes €P100,00.00. The parties have stipulated that {ED dc not hve the neessary funds on due da, Be nay give his lo ofthe same vale by way of dacion pew. Right to determine wheter subsite is tobe given “The right to dteine whether the subatiut fs 1 ven o not belongs to th dbio.(& Manresa 170) fect of oss Before substintion, ie, before the debtor has informed: the creditor tht he would deliver the substitute 1) Lessofthe principal thing DIFFERENT KINDS OF OBLIGATIONS 89 8) due to Fortis event, the obligation is extinguished. ®) tf due 0 the detest obliged to pay damages. 2) Less ofthe substiute The oss of the subsite whether ‘trough &fotteus event ofthe debtors fault imposes no addtional objgxion on the debtor because isnot yet due, The debtor hs silo deliver the priaclpal ting which fs the thing due. The loss of the subsite, however convert the obligation nto a siple ciation b-After substitution, Le, afer th dbo has informed the rettor that he would deliver the substitute 1) Lesser the prinsipal thing The loss of the principal thing wheter through fortiteus evento the debir's fault imposes no addtional obfention onthe debtor because itis mo longer dot. After subsittion, the obligation ceases to be facultative. and becomes « simple obligton to deliver the sob 2) Lossofthe substitute 8) voto fruits ven, the obligation Is extingvished ©) tf due to the debi’ faut, he shall be obliged to pay damages he shall be Distinctions between an akemaive obligation and a faclative obligation nan alternative obligation, several preston are de ‘out the complete performance of one is siicint 10 extinguish the debt In fculatve obligation only ‘ane pression, he principal obliston, sd. of oro oF Imply that exch one ofthe former has 1 ‘ach one ofthe laters bound to rend Drestation. There soidary lability’ only whem thet xpresty so states, OBLIGATIONS. Iman alerative obligation, i there are vid preston, ‘he thers may sill be valid; hace, the” ciation emains. In a foci obligation, if the principal blizaton i void the debior eno eure to ve the ‘© Ina alternative obligation, the riht of choice belongs to the debtor, unless expressly sven fo the eed, In cutive obligation, he right ofehoice beens tothe “etic only 4 In an aerate obligation, if ll presiations are impossible xcept one, that which is posible mists beghen. Ina forulatine oligaton, ifthe principal ‘blgtion i impossible, the deborf not egured 1 ve the ube Section 4 JOINT AND SOLIDARY OBLIGATIONS. ‘Art 1207. The concurrence of two of more creditors oF tore debors in one and the same ebligation does not gation ‘when the La oF the'matre of the obligation equies solidarity. ont obtizntion, concopt A joint obligation is one where cach debris ible only {ora proportionate par ofthe debt, and each ero senile nly to. proportionate pat of the cet. The tems “pro ri” proportionate.” “nanconumad” snd. “nencomunada simple.” when ised in relation tthe character ofthe obligation ofthe debs, init ibliy, samples: DIFFERENT KINDS OF OBLIGATIONS or 8. ine dors AB and C ae joint debiors of X inthe amount ‘of 00000. can be held liable ony for F3,000.0, B,P3,00.00,andC,P3 000.00. b.doint creditors Ai iable to X, ¥ and Z, jin eroitors inthe amount of P9,000.00._X ean collet only 3,000 00, Y, 3,000.00, nd, P3,000.00, © Joint det and joint rior A,B, Cand D, joint debtors, are liable 1 X, Y and Z, ot creitors, inthe amet of 12,000 00. Fach eb i iable for 3,000.0. However, since there are thre int creditors, the amount ill be divided nto tes, sch that A will be Fisble to X for P0000, ¥, 1,000.00, and P,000.00. The same ue Spies to 8 snd G; the other joint debioes, each of whom willbe lable fer 1,000.00 teach ert. On the lic hand ‘sch credior can elect P0000, However, since there are four join debirs, the aman willbe divided fito four such tht X can elect 1,000 00 trom A, 1.0000 from B, 1,000.00 fom C, and P0000 fiom D. The sime rule apples othe Y and he oat pint rior, each of whom ea collet P1,000.00 font ‘ach out debtor, Solar oblistion, concopt A soliary obligation is one whe any one of the debtors can beheld lable forthe whole obligtion, and anyon ofthe crediors can collet the whole eligaion. ‘The tome ‘oiny and severally" "in slum” mancommada solidarla™ Shntos 0 separadamente” and individually and collesively” ‘when sed in rein othe tore of thelial ofthe dear, Indicate sotiday ably. Exanples: 4. Soliary debtors (passive slidariy) Oy 3 ales in cae of dual nate of obigtion the creditors i slidary, or ifthe obligation of the debtors is tolideny andthe tight of te creditors i joint, the rules on jot. nd solidary obligation shall be applied in determining the Tiniltes ond rights ofthe debtors anid reitors, asthe ease may be Examples: OBLIGATIONS ‘A, B and C ae solidarily liable to X in the mount of P9,000.00.. Biber A. B oF C can be held Table by X in the amount of 9,000.00. If A pays X 9,000.00, the obligation i extinguished. can demand reimbursement of 3,000.00 each from B and C ‘Solar creditors (active solidary) Ais liable to X,Y and Z,soldary creditor, in the amount of 9,000.00, Either X. Y or Z ean caliet ‘the whole amount fom A. IFX collects P,000.00 from ‘A, the. obligation is extinguished. —-X must ge 3,000:0 to, and F3,00.00t0 2. Soliary debtors and soliday creditors (mined solidi) ‘A,B,C and D,solidary deblors, are Hable to Xy Y and Z soidary eer, nthe amount of P36,000 00, Either A, B, Cor D can held lable forthe tot amownt ‘of F36,00000, Either X, ¥ or Z can collet the total ‘mount of P36,000.0 from any ene oF He dsbiors. ICA aye X 36,000.00, the obligation is extinguished. A ‘can demand reimbursement ffom B, Cand Dat 9,000.0 ‘each. X, on the other hand, must give 12,000.00 each to ¥ and Z, 1f the obligation ofthe debtor joint and the right of Slot debtors and solidary gets (astivesolidaiy) A,B,C and D, jolt debtors, are lane o X, Y ‘and 2, soiday creditors, in the amount of P36,000.00. ‘Any one of the errs ean collect the entre amount of 36,000.00, but each one of the debiors can be held | _ DIWERENT KINDS OF OBLIGATIONS % Viable for not more than 9,000.00. Thus, X can collet 36,0000, ut he can collect not more than 9,000.00 fiom A, 9,000.00 from B, P9,00000 tom C, and 9000.00. from D.ANer X.has collected the 56,000.00, he must give P12,000.00 each 0 Y and Z. 1 Solar dbeors and joint ceeitrs (passive solidariy) ‘A,B, Cand D,solidary debtors, ae lable to X, Y and Z, joint ereditors, n the amount of P36,000.0, ‘Any one of the debiors canbe held ible forthe entre amount of P36,000.00, but each of the creditors can colet only up to P12,000.00. Thus, X, Y and Z ean ich cole P12,000.00 fom A alone.” ARer A has rade’ the payment of 36,000.00, he can demand reimbursement of P9,090.00 each from B, Cand D. 1. Presumption of in obligation; when solidarity exists ‘When thee are two oF more debtors andor to oF more ¢reditor none ad the same obligation, the presumption is hit the debtors are only jointly ible and the creditors have only a joint right There ts solidary ably only in the following, When the obligation expresl so states Example ‘A, B nd C borrowed money from X ia the ‘mou of 730,000.00. Tn the promissory note which the debiors exocuted, they promised to. pay the debt “individually and collectively.” In this case, the obligations solidary as agreed upon by the partes. 1b. When the lw 20 proves. ‘Th fllowing ae some instances when the lw proves for solidary labiliy 1) The patership stall be start able wih all the partners for loss oe injury eased toa thd pron by reason ofthe wrongful ator ominsion ‘of any parr ating inthe ondiary course of 2 > 9 3 8. OBLIGATIONS: the basins ofthe parmership oe with authority of is cogariners. (Art. 123). ‘When he agent has exceded his authority, the Principal is solar liable withthe agen ihe Former allowed the later oa as though he bad fall power. (Ar 1911) 1 ¢wo or more persons have sppoined an agent | for a common transition or tadertaking, fey Shall be sldarily ible othe agent forall the sonsequencs ofthe agency. (Ar 1915) The responsibilty of to of more payees, when ‘ere hs been pment of what ot ioe ip solider, (Ar 2157) ‘Where the instrument containing the words “ Dromise to pay” is sined by two or more Persons, they are deemed 10° be joialy Sad ‘severally fable thereon, (See. 17, Nepal Instant Law) The responsbiliy of to of more persons who sa liable fora. quas-delct i saidary, (Art 2194)as shown in the following case ‘aks Konsult and Construction vs. Adwordd Signand Advertising Corps ct al GRNo. 208866, Jawary 21,2015 Facts“ Transwocld Medi, Ads. In. (Cranswortd) contracted the services of Rok Konsult and Consuuction (Rs) forthe onstruction of the billiard structure of the forme, Both Transworld and Rus Knew that the billboar had «weak and poor foundation, nd yet they allowed the consrection to push through. Lats, the bilbourd structure calapaed samsing damage to the adjacent billboard structure owned by Adworld Sign and Advertsing Corp. (Adworid) "Adwortd nom demands the “payment of damages for the a ea Sites Pe DIFFERENT KINDS OF OBLIGATIONS. 9 Impaiced bilbcard and los of rental income. (a) ‘Are Transworld and Rake puily of newignce? (6) May” Adword hold ether Transworld or Roks liable fr the whole oblizsion to pay damages and los of renal? Held: (2) Yes. Transworld and Roks are guy of negligence in the contraction of the collapsed billboard as they knew thatthe foundation supporting the same was weak and would pose dager tthe safety ofthe motors and other adjcent properties, soch as tht of ‘Adwords billboard, and yet they did nt do anything to remedy’ the sivation. Bath are fegligentbecase oftheir fll to observe for the protection ofthe interest of another person that degree of care, precaution and vigince which the cicumsanees justly demand, whereby such eter person sulle nj.” () Yes, since th labilty of two or more persons who are gully oF quas-dlict ie solidary © When the nature of the obligation requires solidarity Example S, 2 security guard of AB Partnership died in line of ity. ‘The hes of S demanded compensation under the Workmeas' Compensation Law (WCL) fo he whole amount fom Parner A clined tat be should be Fable only for oneal thereof the other half be shouldered by B, his parte, snc ther fab is oy Joim. because the lew silent on the. mate of ‘employer’ Hbliy. The court ruled that the panes Habit is slidary since the nature of ther obligation oquies solidarity. The evident intention ofthe WCL. i {0 give fll protection w employees. This purpose will be defeated ifthe liabliyof the partners were only jot (Gee Livanag. tal, vs. Workmen's “Compensation Commission, 12168, May 22,1959) ‘Consequences foie ibility OBLIGATIONS | Imp oid comin of edi dos «alec the other debiors, * b Insotseney of one debtor docs not make the other dior ale fr hiss, © A demand made on one debior makes him in defate f Ie does ot perform is part ofthe debt, bu ot he eee deh. ‘Some probiems when there is unegualsharng in the deb an Some nega shring inthe debt andor eee A tnd Bove Xan ¥ 72900000, The hr oCA in th des ome inh) we te see ee how ont ved stoi 2, wc akg ‘throo- fifths (3/5). OS Nese ats 2 Jao dt ris ‘Ac be ll in fr ot me han P5.0000 (4a. heb ate nF posa {34 of Fanono0)" x cn ees hl ma 50000 of 2000000, wie we mo tan iatoo.00 (us ean. 0n.0) 1) How much any X alle on A? fon 2? From 4, X may colt 72,000.00 (144 ‘f P800000),” From B, X may collet 6.00000 (3/4 oF P,00000) Alteraive computations: A, (25,000.00 x 2/5 = £20000; B, (15,000.00 x 25 = 6,000.00) 2) How much may ¥ cols fm A? from B? From A, ¥ may collect F3,00.00 (v4 ‘of 200000), From BY may collect 9,000.00 3/4 oP 12.000.0} I/PERENT KINDS OF OBLIGATIONS 7 ‘Alternative computations: A, (5,000.00 x 3/5 — P5000). B, (P1S000.00 x 31S. = 9,000.00), + Joint debtors and solid ereditors (ative soldaiy) 1) How much may X colle fom A? fom 8? X amay collect the ttl amount of the debe amounting 10 720,000.00 he being. a solitary creditor. However, since the debtors tre joy bound, he an eallact not more than 50000 fom A, and not’-more than 15,000.00 from B._"Afer coleting the oust of P20,000.0, X must ive the share of Yamountng 6 P12,00009, 2), How much may ¥ collect fom A? from 8? IY Bs the one collecting insead of X, he may ako collet the wiole amount of 720,000.00," However, since the debors ae Jpintiy ound, be cannot collect more. than 75,000.00 from A, and not more than 15,000.00 fort B. After collecting the amount of F20,00000, Y must give the share of X mounting to 8,000.00. & Solar debtors and joint creditors (psive solidity) 1) Hew much may Abe eld ible sd by whom? ‘A. may be held liable forthe whole mount of P20000.00, However, since the ‘eds are jinly bound, X can collect fom firm not more than 8,000.0, and ¥, not mone ‘han 12,000.00." 1F A pays the debt, he can

    You might also like