Obligations and Rights under NCC Art. 1170

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Questions and Answers

What is the primary obligation of the debtor when it comes to the specific thing due?

To preserve or take care of the thing with due diligence. (correct)

To ignore any accessions or accessories.

To alter the thing before delivery.

To ensure the thing is lost before delivery.

Which type of fruits is defined as spontaneous products of the soil?

Civil Fruits

Industrial Fruits

Artificial Fruits

Natural Fruits (correct)

What must the creditor do if they choose not to receive a different thing than what is due?

They can demand the debtor provide an accessory immediately.

They must accept any alternative of lesser value.

They cannot be forced to receive a different thing. (correct)

They are obliged to accept whatever the debtor provides.

When does the obligation to deliver fruits arise?

Upon the perfection of the contract. Signup and view all the answers

Under what circumstance might a stipulation requiring no diligence be considered void?

If it contradicts typical legal obligations. Signup and view all the answers

What type of diligence is defined as care that an average person exercises over their own property?

Ordinary Diligence Signup and view all the answers

What is an obligation that the debtor must fulfill concerning the accessions and accessories?

To deliver all accessions and accessories, even if not mentioned. Signup and view all the answers

Which of the following is NOT classified as a type of fruit?

Legal Fruit Signup and view all the answers

What does Art. 1170 of the NCC indicate regarding a debtor's obligations?

A debtor cannot be compelled to perform an obligation that leads to involuntary servitude. Signup and view all the answers

In what situation can a creditor recover damages according to Art. 1168 of the NCC?

When it is physically or legally impossible to undo what should not have been done. Signup and view all the answers

Which of the following reflects the obligations of a debtor according to the NCC?

Not to do what should not be done. Signup and view all the answers

What is the effect of substantial performance by a debtor as outlined in the NCC?

The debtor may recover as if the obligation were fully performed, minus any damages caused. Signup and view all the answers

What condition allows a debtor to avoid performance of an obligation under the NCC?

Performing the obligation would lead to involuntary servitude. Signup and view all the answers

Which of the following can a debtor be liable for according to the NCC?

Cost of undoing what should not have been done. Signup and view all the answers

What principle is established in Art. 1232 regarding the performance of obligations?

Performance must result in complete delivery of the thing or service. Signup and view all the answers

Which of the following is NOT a condition under which damages may be recovered according to Art. 1168?

The act being prohibited is done with malicious intent. Signup and view all the answers

What is required for fraud to vitiate a contract?

It must have induced the other party to enter into the contract. Signup and view all the answers

What is the essential cause of an obligation?

The object without which the contract would not have been formed. Signup and view all the answers

Upon what basis may courts regulate liability arising from negligence?

According to the circumstances of the case. Signup and view all the answers

What is the general rule for the standard of care required in fulfilling an obligation?

Diligence of a good father of a family. Signup and view all the answers

Which of the following is not a requisite for fraud to vitiate a contract?

The fraud must be present in all contractual discussions. Signup and view all the answers

When does responsibility arise from negligence in performance?

From the omission of required diligence. Signup and view all the answers

What kind of damages may result from a fraudulent act in a contract?

Voidable and damages may be sought. Signup and view all the answers

What is the implication of 'diligence of a good father of a family' in the context of obligations?

It establishes a higher standard of diligence required. Signup and view all the answers

What is required for a breach of contract to be considered substantial?

The breach must not prevent the overall objective from being achieved. Signup and view all the answers

When does a debtor incur delay in fulfilling their obligation?

When the debtor receives a judicial demand for performance. Signup and view all the answers

In reciprocal obligations, which statement is true regarding delay?

Neither party incurs delay if one is not ready to comply. Signup and view all the answers

What must be true for an omission or defect in performance to be considered unimportant?

It should not affect the intent of the contract. Signup and view all the answers

Which situation would NOT typically constitute default on the part of the debtor?

The debtor is unable to deliver due to a natural disaster. Signup and view all the answers

In unilateral obligations, when do parties generally incur delay?

Only after a demand for performance has been made. Signup and view all the answers

Which of the following scenarios justifies that demand is unnecessary for delay to exist?

The debtor has acted in a way that makes performance impossible. Signup and view all the answers

What is the implication of 'no demand, no delay' in a unilateral obligation?

The debtor is only in delay after a demand is made. Signup and view all the answers

What is the effect of the obligor's delay on the obligee's delay?

Delay of one party cancels the delay of the other. Signup and view all the answers

In a scenario where both parties breach a contract, what is the outcome if it cannot be determined which party was the first infractor?

The contract is deemed extinguished and each party bears their own damages. Signup and view all the answers

Under which article can the liability of the first infractor be tempered by the courts due to breaches by both parties?

Article 1192 Signup and view all the answers

What differentiates dolo causante from dolo incidente?

Dolo causante involves serious misrepresentation while dolo incidente involves minor inaccuracies. Signup and view all the answers

Which of the following statements regarding fraud (dolo) is true?

Responsibility arising from fraud is demandable in all obligations. Signup and view all the answers

What does Article 2215 pertain to in relation to damages?

Allows equitable mitigation of damages under specific circumstances. Signup and view all the answers

Which type of fraud involves serious misrepresentation that impacts the contractual agreement?

Dolo causante Signup and view all the answers

What is the key distinction in liability under Article 1192 compared to cases under Article 2215?

Article 1192 considers who breached first, while Article 2215 does not. Signup and view all the answers

Study Notes

Obligation to Perform

A debtor cannot be forced to perform an obligation to do, as it amounts to involuntary servitude (Art. 1170, NCC).
Obligations not to do require the debtor not to undertake prohibited actions.
Debtors must undo actions they should not have done and cover costs (Art. 1168, NCC).
Damages apply if the debtor fails to fulfill obligations, particularly if the action can't be reversed due to specific circumstances.

Performance of Obligations

Payment means either the delivery of money or the performance of an obligation (Art. 1232, NCC).
Obligations must be fulfilled completely unless substantial performance is established.
Substantial performance indicates good faith execution of duties without significant deviation (Vermen Realty Corp. v. CA).
Examples of substantial performance must involve slight deviations and must not undermine the contract's objective.

Default and Delay

Default occurs when obligations are not timely fulfilled (de Leon).
In unilateral obligations, no delay exists unless the creditor demands fulfillment (Art. 1169, NCC).
In reciprocal obligations, delay begins after one party fulfills their obligation, unless neither party performs.
Specific scenarios exist where demand for performance is unnecessary, such as impossibility caused by the debtor's actions.

Duties and Rights of Debtors and Creditors

Debtors must preserve the thing owed and deliver it as agreed (Art. 1163, NCC).
Creditors have the right to compel delivery and receive the fruits of the obligation from the time it arose (Art. 1164, NCC).
Accessions and accessories must be included in delivery, even if not specified (Art. 1166, NCC).

Diligence Required

Diligence expected is that of a good father of a family, reflecting ordinary care (Bonum pater familia).
Any stipulation requiring no diligence is void; exceptions exist under law or party agreements.
Factors influencing diligence include the obligation's nature, individual circumstances, and context.

Types of Fruits

Fruits can be categorized as natural (spontaneous), industrial (produced by labor), and civil (derived from legal relations).
Obligation to deliver fruits starts upon the contract's perfection, and delays cancel each other's default.

Liability for Breaches

If both parties breach a contract, liability for the first breach is equitably tempered by courts (Art. 1192, CC).
The second infractor is not liable for damages in this case, only the first, with mitigated responsibility.

Fraud (Dolo)

Fraud responsibility is demandable in all obligations, and waivers for future fraud are void (Art. 1171).
Dolo causante is necessary for entering the contract, while dolo incidente is less serious and does not affect the contract's existence.
Requisites for fraud to vitiate contracts include serious deception, that it induced consent, and resulted in damages.

Negligence (Culpa)

Responsibility from negligence in obligations is also enforceable, with circumstances affecting liability (Art. 1172).
Fault in negligence includes a lack of required diligence aligned with the obligation's nature (Art. 1173).
The standard of care required reflects that of a good father of a family unless stated otherwise by law or contract.

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Description

Explore the nuances of obligations and rights as outlined in Article 1170 of the National Civil Code. This quiz examines the limits on debtors' obligations and the rights of creditors in the context of involuntary servitude and related duties. Test your understanding of these essential legal concepts!