Obligations of an obligor

I Obligation TO GIVE – duty to deliver an object, whether generic or specific, to

create right of possession, use, or return for the creditor. On specific objects,
along the duty to deliver the object itself is the duty to preserve it, deliver the
fruits, and deliver the accessories and accessions. The duty to take care of the
object is necessary because the duty to deliver would be futile. The due care is
ordinary diligence or another standard of diligence as per required in stipulation
or law. Fruits are those expected to be produced by the principal thing. They are
categorized into three: Natural, Industrial, and Civil. Accessories and accessions
either complete the principal object or serve as decorative feature thereof. For
this reason, duty to deliver accessories and accessions is obligatory even when
not explicitly stated. The distinction between determinate and indeterminate thing
is the former cannot be substituted while the latter is otherwise. There is an
instance for a generic thing to be determinate if it is enclosed in a set of
determinate objects (e.g. A is obliged to give B one of his figure collection). It is
identified as a limited generic thing. Meanwhile, on generic objects arise duty to
deliver the thing with intended quality as mandated or agreed upon which
renders both debtor and creditor to deliver and receive object that is neither of
inferior nor superior quality. The duty to answer for damages arise in both
obligation to give specific and generic thing.

II Obligation TO DO – behave in such a way that stipulated or imposed by law.

Duties herein stressed are conduct the act itself, be expensed for its performance
by a third person, to resolve what has been poorly done in accordance to original
act dictated to be performed, and pay damages.

III Obligation NOT TO DO – restrain oneself from doing an act for which cannot be
substituted by another without the permission or consent of obligee. Duties of
obligor are to hold back what has been forbidden of him to do, be expensed for
its undoing by another, and answer for damages resulting from doing the
opposite of obligated.
Methods of breaching an obligation
Article 1170 states that an obligation may be breached by the obligor in four ways
which may render the person liable for damages. The four methods of breaching an
obligation are as follows:
I FRAUD (Dolo) – occurs when an act is done intending violation of right of
obligee. It is classified as fraud if it is wilfully done, aims to deceive, and implies
dishonesty. There should be clear proof provided that an omission committed is
fraud. It may simply mean acts of bad faith in pre-existing obligations. Liability in
 cases of fraud is absolute, cannot be mitigated, and the same goes for future
ones. Waiver for liability in future cases is instinctively invalid.

II DELAY (Mora) – failure of debtor to fulfill prestation on the agreed or designated

date or time. It is classified into three kinds: Mora Solvendi, Mora Accipiendi, and
Compensatio Morae. Mora Solvendi is delay to give or to do. This concept may
and may not necessitate demand depending on the circumstance. Generally, it
follows the first conditions: demandable, debtor delays obligation, and there
exists demand to perform by creditor. However, situations arise where demand is
not necessary; first, when it is expressed in the law or in the obligation; second,
when time is essential; and third, when demand would be useless. Mora
Accipiendi is delay to accept the fulfillment of obligation by creditor due to non-
acceptance or noncompliance on his part which passes the burden of bearing
damages to him; and Compensatio Morae is delay that happens in mutual
obligations. In this kind of delay, obligation must be carried out concurrently. A
party can only incur delay if he did not fulfill the prestation at the same time by
another.

III NEGLIGENCE (Culpa) – takes place when obligor did not perform the necessary
diligence that is required by the circumstance or stipulation. Generally, the law
requires diligence of a good father or ordinary diligence unless another standard
is needed considering the situation. Failure to perform the essential standard of
care results in liability for damages to be borne by obligor. Except, when it is
shouldered by a third person, or the obligee cancels the enforceability. The latter
follows the terms being only simple negligence, otherwise, would result in liability
for damages.

IV CONTRAVENTION OF TENOR – acts by obligor which violates the faithful

compliance to obligation. These acts may have been done incorrectly or
inconsistently with the original obligation. It stresses how the act was not aligned
with supposed duty, and is not focused on the obligor who acted or not in bad
faith or negligence. Obligor, who commits acts that contravene the tenor, is made
liable for damages.