Article 1167: Obligation to Do

Article 1167: Obligation to Do

• This article concerns obligations to perform an act or service, outlining remedies for the creditor when the debtor fails to fulfill the obligation.

• Three scenarios are contemplated: failure to perform, performance contrary to the terms, and poor performance.

• When a debtor fails to comply with an obligation to do, the creditor can have the obligation performed by themselves or another at the debtor’s expense, provided personal considerations aren't involved.

• Furthermore, the creditor can recover associated damages.

• If the obligation is performed contrary to the agreed terms or done poorly, the court may order it to be undone, assuming it's feasible.

• Specific performance cannot be ordered in a personal obligation, as it could constitute involuntary servitude, prohibited by the Constitution.

• If the debtor's personal qualifications are a determining factor (e.g., singing), the only recourse for the creditor might be damages, because someone else performing the obligation would be too different to be considered performed.

• However, if the obligation can still be performed at the debtor's expense despite refusal, the court can't merely grant damages to the creditor.

Article 1168: Obligation Not to Do

• Deals with obligations where the debtor must abstain from a certain act.
• The debtor fulfills the obligation by not doing what is forbidden, meaning there can be no delay.
• The creditor's remedy typically involves undoing the forbidden act at the debtor's expense, along with damages.
• If undoing the act is impossible due to physical or legal reasons, rights acquired by third parties in good faith, or other reasons, the creditor can seek damages for the violation.

Article 1171: Responsibility Arising from Fraud

• Liability from fraud is demandable in all obligations, and courts cannot mitigate damages.
• Fraud is considered a serious breach of obligation.
• A waiver for future fraud is void because it is against the law and public policy.
• This prevents encouraging fraud as debtors would not be held liable.
• A waiver for past fraud is valid as it is seen as an act of generosity.
• The waiver must be clearly expressed, leaving no doubt of the obligee's intent to relinquish their right against the obligor.

Article 1172: Responsibility Arising from Negligence

• Debtors are liable for damages resulting from negligence in fulfilling obligations.
• Courts have the discretion to adjust damages based on circumstances, as negligence isn't as severe as fraud due to the absence of deliberate intent to cause harm.
• The court may adjust recoverable damages or cancel out one party's negligence with the other's.
• Culpa contractual refers to negligence in contracts that results in a breach.
• Culpa aquiliana refers to civil negligence is the source of an obligation between parties not previously related by contract; also known as tort or quasi-delict.
• Culpa criminal refers to negligence resulting in a crime.

Article 1173: Meaning of Fault of Negligence

• Negligence is the failure to observe the necessary care, precaution, and vigilance to protect another person's interests, leading to injury.
• Factors to consider in determining negligence:
  • Nature of the obligation.
  • Circumstances of the person.
  • Circumstances of time.
  • Circumstances of the place.
• If the law or contract doesn't specify the required diligence, the standard is that of a good father of a family.

Article 1174: Meaning of Fortuitous Event

• A fortuitous event is unforeseen or inevitable.
• It occurs independently of the debtor's will, making obligation fulfillment impossible, and may be an act of man or an act of God.
• Acts of man are independent of the obligor's will but not of other human wills (war, robbery, etc.).
• Acts of God are independent of any human will (earthquake, flood, etc.).
• Fortuitous events and force majeure are identical under the law, exempting the obligor from liability.
• Ordinary events are common and foreseeable, while extraordinary events are uncommon.
• Uncommon events could not have been reasonably foreseen such as an earthquake, fire, or war.