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  • GENERAL RULE and EXCEPTIONS IN RFBT

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    BLN-Hulo- Ronaldo M. Valdez SR
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    The document outlines general rules regarding an obligor's liability for fortuitous events and exceptions to those rules. It also discusses rules about an obligor showing they were not negligent, demanding obligations before the period lapses, the right to choose being generally given to the obligor/debtor, using the currency value at the time of signing as the payment basis unless agreed otherwise, and rules about a debtor or creditor choosing which debt is paid first if the debtor does not make a choice.

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    GENERAL RULE and EXCEPTIONS IN RFBT (JOTDOWNS)

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    The document outlines general rules regarding an obligor's liability for fortuitous events and exceptions to those rules. It also discusses rules about an obligor showing they were not negligent, demanding obligations before the period lapses, the right to choose being generally given to the obligor/debtor, using the currency value at the time of signing as the payment basis unless agreed otherwise, and rules about a debtor or creditor choosing which debt is paid first if the debtor does not make a choice.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    14 views2 pages

    GENERAL RULE and EXCEPTIONS IN RFBT

    Uploaded by

    BLN-Hulo- Ronaldo M. Valdez SR
    The document outlines general rules regarding an obligor's liability for fortuitous events and exceptions to those rules. It also discusses rules about an obligor showing they were not negligent, demanding obligations before the period lapses, the right to choose being generally given to the obligor/debtor, using the currency value at the time of signing as the payment basis unless agreed otherwise, and rules about a debtor or creditor choosing which debt is paid first if the debtor does not make a choice.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    GENERAL RULE EXCEPTIONS

    Obligor shall not be liable for a fortuitous event. 1. It is expressly declared by law.
    2. It is expressly stipulated in the contract.
    3. There is delay in the performance of the
    obligation.
    4. The nature of the obligation assumes the
    assumption of risk- insurance companies.
    5. When the obligor is in bad faith.
    How can an Obligor show we are not negligent and
    not liable for damages?
    We cannot control all the actions of other
    Show that you did what a good father would do people.
    Obligation cannot be demanded before the 1. When the obligor has become insolvent or
    lapse of the period provided. bankrupt.
    2. When the obligor fails to give the deposit,
    collateral, security or guarantee he promised.
    3. When the deposit, collateral, security or
    guaranty given has been impaired by the
    obligor himself.
    Art. 1200. The right to choose is generally given Art. 1205. The right to choose may be given to
    to the obligor or debtor the obligee or creditor. Special rules apply.
    The value of the currency at the time the Unless there is a contrary agreement. (Art.
    obligation was signed shall be the basis of 1250)
    payment
    Debtor has the right to choose which debt will be If the debtor does not make a choice, the
    paid first creditor can make the decision and choose
    which debt is to be paid first. Creditor must issue
    a receipt to the debtor. If the debtor accepts the
    receipt, then the payment is valid.

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