Podcast
Questions and Answers
What is the primary obligation of the debtor when it comes to the specific thing due?
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?
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?
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?
When does the obligation to deliver fruits arise?
Under what circumstance might a stipulation requiring no diligence be considered void?
Under what circumstance might a stipulation requiring no diligence be considered void?
What type of diligence is defined as care that an average person exercises over their own property?
What type of diligence is defined as care that an average person exercises over their own property?
What is an obligation that the debtor must fulfill concerning the accessions and accessories?
What is an obligation that the debtor must fulfill concerning the accessions and accessories?
Which of the following is NOT classified as a type of fruit?
Which of the following is NOT classified as a type of fruit?
What does Art. 1170 of the NCC indicate regarding a debtor's obligations?
What does Art. 1170 of the NCC indicate regarding a debtor's obligations?
In what situation can a creditor recover damages according to Art. 1168 of the NCC?
In what situation can a creditor recover damages according to Art. 1168 of the NCC?
Which of the following reflects the obligations of a debtor according to the NCC?
Which of the following reflects the obligations of a debtor according to the NCC?
What is the effect of substantial performance by a debtor as outlined in the NCC?
What is the effect of substantial performance by a debtor as outlined in the NCC?
What condition allows a debtor to avoid performance of an obligation under the NCC?
What condition allows a debtor to avoid performance of an obligation under the NCC?
Which of the following can a debtor be liable for according to the NCC?
Which of the following can a debtor be liable for according to the NCC?
What principle is established in Art. 1232 regarding the performance of obligations?
What principle is established in Art. 1232 regarding the performance of obligations?
Which of the following is NOT a condition under which damages may be recovered according to Art. 1168?
Which of the following is NOT a condition under which damages may be recovered according to Art. 1168?
What is required for fraud to vitiate a contract?
What is required for fraud to vitiate a contract?
What is the essential cause of an obligation?
What is the essential cause of an obligation?
Upon what basis may courts regulate liability arising from negligence?
Upon what basis may courts regulate liability arising from negligence?
What is the general rule for the standard of care required in fulfilling an obligation?
What is the general rule for the standard of care required in fulfilling an obligation?
Which of the following is not a requisite for fraud to vitiate a contract?
Which of the following is not a requisite for fraud to vitiate a contract?
When does responsibility arise from negligence in performance?
When does responsibility arise from negligence in performance?
What kind of damages may result from a fraudulent act in a contract?
What kind of damages may result from a fraudulent act in a contract?
What is the implication of 'diligence of a good father of a family' in the context of obligations?
What is the implication of 'diligence of a good father of a family' in the context of obligations?
What is required for a breach of contract to be considered substantial?
What is required for a breach of contract to be considered substantial?
When does a debtor incur delay in fulfilling their obligation?
When does a debtor incur delay in fulfilling their obligation?
In reciprocal obligations, which statement is true regarding delay?
In reciprocal obligations, which statement is true regarding delay?
What must be true for an omission or defect in performance to be considered unimportant?
What must be true for an omission or defect in performance to be considered unimportant?
Which situation would NOT typically constitute default on the part of the debtor?
Which situation would NOT typically constitute default on the part of the debtor?
In unilateral obligations, when do parties generally incur delay?
In unilateral obligations, when do parties generally incur delay?
Which of the following scenarios justifies that demand is unnecessary for delay to exist?
Which of the following scenarios justifies that demand is unnecessary for delay to exist?
What is the implication of 'no demand, no delay' in a unilateral obligation?
What is the implication of 'no demand, no delay' in a unilateral obligation?
What is the effect of the obligor's delay on the obligee's delay?
What is the effect of the obligor's delay on the obligee's delay?
In a scenario where both parties breach a contract, what is the outcome if it cannot be determined which party was the first infractor?
In a scenario where both parties breach a contract, what is the outcome if it cannot be determined which party was the first infractor?
Under which article can the liability of the first infractor be tempered by the courts due to breaches by both parties?
Under which article can the liability of the first infractor be tempered by the courts due to breaches by both parties?
What differentiates dolo causante from dolo incidente?
What differentiates dolo causante from dolo incidente?
Which of the following statements regarding fraud (dolo) is true?
Which of the following statements regarding fraud (dolo) is true?
What does Article 2215 pertain to in relation to damages?
What does Article 2215 pertain to in relation to damages?
Which type of fraud involves serious misrepresentation that impacts the contractual agreement?
Which type of fraud involves serious misrepresentation that impacts the contractual agreement?
What is the key distinction in liability under Article 1192 compared to cases under Article 2215?
What is the key distinction in liability under Article 1192 compared to cases under Article 2215?
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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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