Crime and Civil Liability Overview

### Crime and Civil Liability

• Crime and civil liability have distinct actions and consequences
• A criminal act can result in imprisonment, while a civil act can result in a monetary payment
• If an individual is found criminally liable for a felony, they are also likely civilly liable for damages

### Civil Liabilities

• Restitution/Restoration: Returning something to its original state after damage or loss
• Reparation: Compensation or payment for harm caused
• Indemnification: Payment for damages caused to third parties as a result of an action

### Classification of Obligations

As to Nature

• Personal Obligation: To do or not to do (e.g., a promise to perform a service)
• Real Obligation: To give (e.g., delivery of an object)

As to Performance

• Positive Obligation: To give or to do
• Negative Obligation: Not to do

As to the Person Obliged

• Unilateral Obligation: Only one party is bound to perform
• Bilateral Obligation: Both parties are bound to perform

Quasi Delict (Negligence)

• Article 2176 of the Civil Code specifies the liability for damages caused by negligent acts or omissions
• Elements of Negligence:
  • There must be fault on the part of the dependent
  • Damage must be suffered by the plaintiff
  • There must be a causal relationship between the fault and the damage

Proximate Cause

• Proximate cause is the direct cause of damage, unbroken by any intervening cause
• It's the cause that, in a natural and continuous sequence, leads to the injury

Obligations of the Debtor in Real Obligations

• Specific/Determinate Real Obligations: Involve delivering a specific item
• Generic/Indeterminate Real Obligations: Involve delivering an item from a specific category

Fraud (Dolo)

• Dolo Causante: Fraud committed for the purpose of entering into a contract; deception used to induce someone into entering a contract
• Dolo Incidente: Fraud committed during the performance of an existing contract; deception occurring after the contract is already in place

Negligence (Culpa)

• Culpa Contractual: Negligence in contracts that leads to their breach
• Culpa Aquiliana: Negligence that gives rise to obligations outside of a contract (quasi-delict)
• Culpa Criminal: Negligence that results in a criminal offense

### Breach Through Contravention of the Tenor of the Obligation

• This occurs when the obligor violates the terms and conditions of the obligation
• Contravention refers to acting against or violating a rule or agreement
• Tenor refers to the main terms or intent of an obligation

Fortuitous Events

• Fortuitous events are unexpected events beyond the control of the obligor
• They are generally exempt from liability
• Exceptions:
  • Liability is specified by law
  • Liability is stipulated by the parties
  • The risk is assumed by one of the parties

Types of Breaches

• Voluntary Breach: Occurs when the obligor intentionally fails to perform
  • Delay/Default/Mora: Failure to perform on time
  • Fraud/Dolo: Deception or misuse of information for personal gain
  • Negligence/Culpa: Lack of proper care and diligence
  • Breach through Contravention of the Tenor of the Obligation: Violation of the terms of the agreement
• Involuntary Breach: Occurs due to unforeseen events outside the obligor's control
  • Fortuitous events or force majeure

Types of Voluntary Breaches

• Delay (Default or Mora): Failure to perform an obligation on time
  • Mora Solvendi: The debtor is delaying
  • Mora Accipiendi: The creditor is delaying
  • Compensatio Morae: Both parties are delaying
• Requisites for Delay:
  • The obligation must be demandable and liquidated (clear and defined)
  • The debtor must delay
  • There must be a judicial or extrajudicial demand (formal request)
• Judicial Demand: Involves the court
• Extrajudicial Demand: Does not involve the court
• Demand: Can come from a stipulation (agreed upon in the contract), the law, the nature of the the obligation, or unavoidable situations where demand is impossible (rendering the obligation impossible to perform)

This quiz covers the distinctions between crime and civil liabilities, highlighting their consequences and obligations. You will learn about restitution, reparation, and the classification of obligations based on nature and performance. Test your understanding of these important legal concepts.