You are on page 1of 4

Article 1163 - Every person obliged to give something is also obliged to take care of it with the

proper diligence of a good father of a family, unless the law or the stipulation of the parties
requires another standard of care.

Meaning: This article emphasizes the principle of diligence in the performance of obligations. It
states that anyone who has the duty to provide something (such as goods or services) is also
responsible for taking care of it as a prudent person would, unless a different standard of care is
specified by law or by agreement between the parties involved. The standard of care expected
is that of a "good father of a family," which implies a reasonable and prudent level of diligence
and responsibility.

Article 1164 - When one of the obligors cannot, because of his insolvency, reimburse his share
to the others who share the obligation with him, or cannot contribute with them to the
payment of the obligation, each one of them may demand of him the share which corresponds
to him.

Meaning: This article essentially states that if one party to a joint obligation becomes insolvent
and cannot fulfill their share of the obligation, the other parties who share the obligation with
them have the right to demand payment from the insolvent party for their corresponding share.
This allows the other parties to seek compensation directly from the insolvent party for the
portion they would have otherwise been responsible for.

Article 1165 - When what is to be delivered is a determinate thing, the creditor, in addition to
the right granted him by Article 1170, may compel the debtor to make the delivery.

Meaning: Article 1165 of the Philippine Civil Code addresses obligations involving specific or
unspecified items. It grants creditors the right to demand delivery of a specified item or, in cases
of generic items, fulfillment at the debtor's expense. Additionally, the article holds debtors
responsible for any delays or conflicts arising from promises to deliver the same item to
multiple parties.

Article 1166 - The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been mentioned.

Meaning: This article states that when the obligation is to deliver a specific item, the debtor is
not only obligated to deliver the main object itself but also all its accessions and accessories,
even if these were not explicitly mentioned in the contract or agreement. In essence, the debtor
must provide everything that naturally belongs or is attached to the specified item.

Article 1167 - If a person obliged to do something fails to do it, the same shall be executed at his
cost.

Meaning: This article specifies that if a person who has an obligation to perform a certain action
fails to fulfill it, they are still liable for ensuring that the action is carried out, even if it means
incurring additional costs. In other words, if the debtor fails to fulfill their obligation, they are
responsible for covering the expenses necessary to fulfill it. This underscores the principle that
individuals are accountable for the consequences of their failure to fulfill their obligations.

Article 1168 - When the obligation consists in not doing, and the obligor does what has been
forbidden him, it shall also be undone at his expense.

Meaning: This article essentially states that if someone is obligated to refrain from doing
something (a negative obligation), and they end up doing that forbidden action, they are
required to undo what they did, and they must cover the expenses incurred in undoing it.

Article 1169 - Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

Article 1169 of the Philippine Civil Code establishes when a person is considered to be in delay
regarding their obligation, which occurs when the obligee demands fulfillment, whether
through legal or extrajudicial means. However, demand isn't always necessary for delay if the
obligation or circumstances dictate, such as when the contract specifies a delivery time or when
fulfilling the obligation becomes impossible for the obligor. In reciprocal obligations, one party
doesn't incur delay if the other doesn't fulfill their obligation properly, but once one party fulfills
theirs, the other enters delay if they fail to reciprocate.

Article 1170 - Those who in the performance of their obligations are guilty of fraud, negligence,
or delay, and those who in any manner contravene the tenor thereof, are liable for damages."

Meaning: This article establishes that individuals who, in carrying out their obligations, act with
fraud, negligence, or delay, or in any way violate the terms of the obligation, are responsible for
any resulting damages. In other words, if someone fails to fulfill their obligations due to their
fault or wrongdoing, they are legally accountable for any harm or losses suffered by the other
party. This article serves to uphold the principle of accountability and ensures that individuals
fulfill their obligations with care and diligence.

Article 1171 - Responsibility arising from fraud is demandable in all obligations. Any waiver of
an action for future fraud is void.

Meaning: Article 1171 of the Philippine Civil Code emphasizes that responsibility arising from
fraud is enforceable in all types of obligations. It means that if one party commits fraud, such as
deceit or misrepresentation, in the performance of their obligation, they are held accountable
for their actions. Additionally, the article states that any agreement or waiver attempting to
release a party from liability for future fraud is considered void. In essence, this article aims to
ensure that individuals cannot escape accountability for fraudulent behavior and that any
attempt to waive responsibility for future fraudulent acts is not legally recognized or upheld.

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.

Meaning: This article stipulates that while the responsibility for negligence in fulfilling
obligations is enforceable, the courts have the authority to regulate this liability based on the
specific circumstances of each case. In essence, it means that even though individuals are
generally accountable for negligence in fulfilling their obligations, the extent of this liability can
be adjusted or moderated by the courts depending on the particular factors involved. This
article ensures that while accountability for negligence is upheld, it is also subject to fair and
just considerations by the legal system.

Article 1173 - The fault or negligence of the obligor consists in the omission of that diligence
which is required by the nature of the obligation and corresponds with the circumstances of the
persons, of the time and of the place. When negligence shows bad faith, the provisions of
articles 1171 and 2201, paragraph 2, shall apply.

Meaning: This article establishes that fault or negligence on the part of the obligor (the one
who has the obligation) arises from a failure to exercise the diligence that the nature of the
obligation requires, considering the circumstances involved such as the persons, time, and
place. If negligence is accompanied by bad faith, the provisions of Articles 1171 and 2201,
paragraph 2, are applicable. In essence, Article 1173 sets the standard of care expected from
the obligor and determines the consequences when negligence is coupled with bad faith.

Article 1174 - Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall
be responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable."

Meaning: This article outlines that unless the law expressly states otherwise, or there's a
stipulation in the contract, or the nature of the obligation implies assuming the risk, individuals
are not held responsible for events that could not have been foreseen or, if foreseen, were
inevitable. In essence, Article 1174 provides a legal principle that protects individuals from
being held liable for circumstances beyond their control, known as force majeure or fortuitous
events.

Article 1175 - The creditors, after having pursued the property in possession of the debtor to
satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same
purpose, save those which are inherent in his person; they may also impugn the acts which the
debtor may have done to defraud them."

Meaning: This article essentially allows creditors, after attempting to collect from the debtor's
assets, to utilize all rights and actions available to the debtor to pursue their claims, except for
those that are inherently personal to the debtor. Additionally, creditors have the authority to
challenge any fraudulent acts committed by the debtor to evade repayment. In summary, Article
1175 grants creditors broad powers to recover their claims from the debtor's assets and
challenge any fraudulent actions aimed at avoiding payment.

Article 1176 - The receipt of the principal by the creditor without reservation with respect to
the interest, shall give rise to the presumption that said interest has been paid."

Meaning: This article establishes a legal presumption that if a creditor accepts payment of the
principal debt without explicitly reserving their right to collect interest, it is presumed that the
interest has also been settled. In other words, if a creditor accepts payment of the principal
amount owed without mentioning the interest, it is assumed that the interest has been
included in the payment and is considered satisfied. This provision aims to provide clarity and
prevent disputes regarding the payment of interest when the principal debt is settled.

Article 1177 - The creditors, after having pursued the property in possession of the debtor to
satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same
purpose, save those which are inherent in his person; they may also impugn the acts which the
debtor may have done to defraud them."

Meaning: This article essentially allows creditors, after attempting to collect from the debtor's
assets, to utilize all rights and actions available to the debtor to pursue their claims, except for
those that are inherently personal to the debtor. Additionally, creditors have the authority to
challenge any fraudulent acts committed by the debtor to evade repayment. In summary, Article
1177 grants creditors broad powers to recover their claims from the debtor's assets and
challenge any fraudulent actions aimed at avoiding payment.

Article 1178 - Subject to the laws, all rights acquired in virtue of an obligation are transmissible,
if there has been no stipulation to the contrary."

Meaning: This article establishes that rights acquired through an obligation can be transferred
to another party, provided that there is no agreement stating otherwise. In other words, unless
there is a specific provision in the contract prohibiting the transfer of rights, those rights can be
passed on or assigned to another person. This provision ensures flexibility in the management
and transfer of rights acquired through obligations, subject to the legal framework and any
agreements between the parties involved.
Article 1163 - 1178

Article 1163 - Every person obliged to give something is also obliged to take care of it with the
proper diligence of a good father of a family, unless the law or the stipulation of the parties
requires another standard of care.

Article 1164 - When one of the obligors cannot, because of his insolvency, reimburse his share
to the others who share the obligation with him, or cannot contribute with them to the
payment of the obligation, each one of them may demand of him the share which corresponds
to him.

Article 1165 - When what is to be delivered is a determinate thing, the creditor, in addition to
the right granted him by Article 1170, may compel the debtor to make the delivery.

Article 1166 - The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been mentioned.

Article 1167 - If a person obliged to do something fails to do it, the same shall be executed at his
cost.

Article 1168 - When the obligation consists in not doing, and the obligor does what has been
forbidden him, it shall also be undone at his expense.

Article 1169 - Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

Article 1170 - Those who in the performance of their obligations are guilty of fraud, negligence,
or delay, and those who in any manner contravene the tenor thereof, are liable for damages."

Article 1171 - Responsibility arising from fraud is demandable in all obligations. Any waiver of
an action for future fraud is void.

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.

Article 1173 - The fault or negligence of the obligor consists in the omission of that diligence
which is required by the nature of the obligation and corresponds with the circumstances of the
persons, of the time and of the place. When negligence shows bad faith, the provisions of
articles 1171 and 2201, paragraph 2, shall apply.

Article 1174 - Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall
be responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable."

Article 1175 - The creditors, after having pursued the property in possession of the debtor to
satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same
purpose, save those which are inherent in his person; they may also impugn the acts which the
debtor may have done to defraud them."

Article 1176 - The receipt of the principal by the creditor without reservation with respect to
the interest, shall give rise to the presumption that said interest has been paid."

Article 1177 - The creditors, after having pursued the property in possession of the debtor to
satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same
purpose, save those which are inherent in his person; they may also impugn the acts which the
debtor may have done to defraud them."

Article 1178 - Subject to the laws, all rights acquired in virtue of an obligation are transmissible,
if there has been no stipulation to the contrary."

You might also like