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ART 1166. The obligation to give a determinate been mentioned. This rule is based on the thing includes that of delivering all of its principle of law that the accessory follows the accessions and accessories, even though they principal. may not have been mentioned....

ART 1166. The obligation to give a determinate been mentioned. This rule is based on the thing includes that of delivering all of its principle of law that the accessory follows the accessions and accessories, even though they principal. may not have been mentioned. ART. 1167 If a person obliged to do something ACCESSIONS fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does -are the fruits of a thing or additions to or it in contravention of tenor of the obligation. improvements upon a thing (the principal). Furthermore, it may be decreed that what has -examples are fruit trees growing on the land, been poorly done be undone. profits, rents, alluvium, fruits, buildings. IREREGULARITIES IN A POSITIVE PERSONAL KINDS OF ACCESSIONS: OBLIGATION 1. Accesion Discreta - refers to the fruits of the **Situations highlighted in Article 1167 thing (natural, civil, industrial) 1. The debtor fails to perform obligation to 2. Accesion Natural - these are the attachments do; by virtue of natural phenomenon such as 2. The debtor performs an obligation to do alluvium, avulsion, abandoned river beds, and but contrary to the terms thereof. island formations. 3. The debtor performs an obligation in a poor manner. 3. Accesion Industrial - these refer to buildings, 4. REMEDIES OF A CREDITOR IN A plantings, and sowings. POSITVE PERSONAL OBLIGATION ACCESSORIES 5. 1. If the debtor fails to comply with his obligation to do, the creditor has the -are things joined to or included with the right: principal thing 6. a. to have the obligation performed by for the latter's embellishment, better use, or himself, or by another, unless personal completion. considerations are involved, at the debtor's expense; and **Embellishment- beautification of the thing 7. b. to recover damages. (Art. 1170.) Example: Planting flowers and putting statues in 8. 2. In case the obligation is done in your garden. contravention of the terms of the same or is poorly done, it may be ordered (by - Completes the thing, but does not hinder you the court upon complaint) that it be from using the thing. undone if it is still possible to undo what -examples include earphones on a phone, was done. phone cases, etc. 9. Can you compel performance if the debtor refuses to do an act? 10. No, because doing so would result in RIGHTS OF CREDITOR TO ACCESSIONS AND involuntary servitude, a situation that is ACCESSORIES prohibited by the Constitution. General Rule: All accessions and accessories are 11. Remedy: Ask performance by another considered included in an obligation to deliver a individual (as long as act is not purely determinate thing although they may not have personal) at the expense of the debtor.  12. 'Unless personal considerations are guilty of delay. (Delay is an example of a breach involved' of obligation). Example: Can you incur delay in a negative personal obligation? A is a very renowned artist in the Philippines who uses mud in his work No. Because as long as you are not doing, you instead of paint. You hired A to make are complying. The time that you do what is your family portrait. On the day of the prohibited from you and that is the time you will delivery, A refuses to deliver the thing. breach the obligation but you will not incur Can you force A to do it? delay. No. And you cannot also ask another ART 1169. Those obliged to deliver or to do artist to do it because A is the only something incur in delay from the time the painter who does his work with mud. oblige judicially or extrajudicially demands from (Personal Consideration) them the fulfillment of their obligation. **if you hired him specifically on what DELAY he could do apart from others, then it is 1.Ordinary Delay is merely the failure to personal characteristics, special only to perform an obligation on time. that individual. Since he is the only one who does that and yoh cannot force 2. Legal Delay/Default/Mora is the failure to him to perform his obligation, you can perform an obligation on time which failure just ask him for damages. constitutes a breach of the obligation. How can there be legal delay/mora? 2. Debtor performs, but it is in the contravention of agreement There can be no delay if there is no demand. Example: The demand contemplated here is usually a written demand. (General Rule) If you asked B to create your family Thus, there can only be mora if a demand was portrait, but he only finished half of it. made. You can ask the court to give you miserable compensation for that injury Delay by the debtor begins only from the or if it is poorly done, you can also ask moment a demand, judicial or extra-judicial, for for damages. the fulfillment of the former's obligation is made by the creditor. Without such amount, the ART 1168. When the obligation consists in not effect of default will not arise. doing, and the obligor does what has been forbidden him, it shall also be undone at his Judicial demand – refers to demand made expense. through a court. In an obligation not to do, the duty of the Extrajudicial demand – refers to demand made obligor is to abstain from an act. Here, there is via outside juridical processes or means, such as no specific performance. The very obligation is a lawyer’s demand letter. fulfilled in not doing what is forbidden. Hence, in this kind of obligation the debtor cannot be KINDS OF DELAY OR DEFAULT or delay, and those who in any manner contravene the tenor, are liable for damages. 1. Mora solvendi or the delay on the part of the debtor to fulfill his obligation (to give or to do) FRAUD 2. Mora accipiendi or the delay on the part of crime of gaining money or benefits by a trick or the creditor to accept the performance of the lying. obligation; 2 KINDS OF FRAUD 3. Compensatio morae or the delay of the A. Incidental Fraud (dolo incidente) is a obligors in reciprocal obligations (like in sale), kind of fraud committed during the i.e., the delay of the obligor cancels the delay of performance of an obligation already the obligee, and vice versa. existing. NECESSITY OF DEMAND (EXCEPTIONS) - there is already an obligation, present only during the performance of the pre- 1. When the obligation so provides. existing obligation. Example: - happens after there is already an existing obligation or during the Ian V. promised to pay Dawn Z. the sum of performance of obligation. P50,000.00 on or before November 30, 2024 - -Refers to deceptions or without the need of any demand. Therefore, if misrepresentations which are not Ian V. fails to pay on November 30, he is serious in character and without which, automatically in default. In this case, the parties the party would have still entered into stipulate to dispense with the demand. the contract. Dolo incidente gives rise to 2. When the law expressly so provides. damages. Example: EXAMPLE: Payment of annual income tax on April. Failure A and B met again. B knew that the painting to pay on time will make the taxpayer liable for was authentic so he bought it and they both penalties and surcharges, if any. agreed that it will be delivered tomorrow. After they met, A replicated the painting and 3. When time is of the essence. delivered the replica to B. Example: Cardo entered into a contract for the delivery of Delivery of a wedding cake and a wedding gown 800 cavans of pure Jasmine rice to Paloma with on the day of the wedding. a price per cavan of P1,300. Before the delivery, Cardo surreptitiously mixed NFA rice to every 4. When demand would be useless. cavan. Cardo then delivered these cavans of mixed rice to Paloma. The fraud here is dolo Example: incidental because it is committed during the Delivery of a special cow to B. Before delivery, performance of an already existing obligation. the cow died through the seller’s fault. Here, B. Causal fraud (dolo causante) is a kind of demand will already be useless. fraud employed during the execution of ARTICLE 1170. Those who in the performance of a contract which vitiates consent. their obligation are guilty of fraud, negligence,  -there is still no obligation, employed at WAIVER OF FUTURE FRAUD the time of birth of the Any waiver of an action for future fraud is void obligation. being contrary to law and public policy and a - committed to get the consent contrary rule would encourage the perpetration (persuade) of the other party to agree of fraud. with you. - There is fraud when, through insidious Note: Waiver of action for past fraud is valid words or machinations of one of the because the waiver can be consider as an act of contracting parties, the other is induced generosity on the part of the party who is the to enter into a contract which, without victim of fraud. them, he would not have agreed to. ART 1172. Responsibility arising from EXAMPLE: negligence in the performance of every kind of obligation is also demandable, but such liability B is not aware that the painting was fake. The may be regulated by the courts, according to seller said that it was the last painting of the circumstances. Vincent Van Gogh and gave discount to B because he knows that B is an art collector. NEGLIGENCE OR CULPA Unknown to B that the painting was fake. But because of misrepresentation of the seller, B The fault or negligence of the obligor consists in agreed to buy it. the omission of that diligence which is required by the nature of the obligation and corresponds Klay sold to Fidel a parcel of land representing with the circumstances of the persons, of the that the land was “absolutely free from liens time and the place. and encumbrances”. Fidel gave his consent, relying on Klay’s representation. TEST OF NEGLIGENCE When the sale was registered, it was found that Did the obligor, in doing the alleged negligent an encumbrance was actually annotated at the act, use that reasonable care and caution which back of the original title, which was not the one an ordinarily prudent person would have used in shown by Klay to Fidel at the perfection of the the same situation? If not, then he is guilty of sale. In this case there is concealment, and it is negligence. (Al Dela Cruz vs. Capt. Renato Viano, made in bad faith or with an intent to deceive, G.R. No. 219649, July 26, 2017) and Fidel was induced to enter into the EFFECT OF NEGLIGENCE ON THE INJURED contract. PARTY ART 1171. Responsibility arising from fraud is A. Negligence of the Injured Party is the demandable in all obligations. Any waiver of an Proximate Cause of Injury- he cannot recover action for future fraud is void. damages. Responsibility arising from fraud can be B. Contributory Negligence of the Injured Party demanded with respect to all kinds of obligation he may recover damages, but the courts shall and unlike in the case of responsibility arising mitigate the damages to be awarded. from negligence. This is because fraud is deemed serious and evil that its employment to RESPONSIBILITY ARISING FROM NEGLIGENCE avoid the fulfillment one’s obligation should be 1. Discretion of court to fix amount of discouraged. damages – the courts are given wide  discretion in fixing the measure of stipulation, or when the nature of the obligation damages. Thus, the court may increase requires the assumption of risk, no person shall or decrease the damages recoverable. be responsible for those events which, could 2. Damages where both parties mutually not be foreseen, or which, though foreseen negligent- the fault of one may cancel were inevitable. the negligence of the other. Thus, the FORTUITOUS EVENTS rights and obligations of the parties may be determined under the equitable is an event which cannot be foreseen, or which, principle that no one shall enrich although foreseeable, cannot be avoided. himself at the expense of another. Therefore, it is not enough to say that an event is fortuitous if it is not impossible to foresee or **Inpari delicto- both are at fault. to be avoided. Since a fortuitous event is ART 1173. The fault or negligence of the obligor unforeseeable and unavoidable, it is therefore consists in the omission of that diligence which independent of the will of the obligor/debtor. is required by the nature of the obligation and Caso Fortuito- may either include acts of God , corresponds with the circumstances of the or natural occurrences like the forces of nature person, of the time and of the place. While such as typhoons; or acts of man such as wars negligence shows bad faith, the provision of the and riots, strikes, wars. (Phil. Comm Satellite Articles 1171 and 2201, paragraph 2 shall apply. Corp vs. Globe Telecom, G.R. No. 147324, May If the law or contract does not state the 25, 2004) diligence which is to be observed in the ORDINARY FORTUITOUS EVENTS - (common performance, that which is expected of a good and are reasonably foreseen like rain) father of a family. EXTRA-ORDINARY FORTUITOUS EVENTS - FACTORS TO BE CONSIDERED IN DETERMINING (uncommon and could not have reasonably NEGLIGENCE foreseen like earthquakes). 1. Nature of the Obligation REQUISITES: 2. Circumstances of the Person 1. Cause is independent of the will of the 3. Circumstances of Time debtor; 4. Circumstances of the Place 2. The event is unforeseeable or unavoidable; WHAT DILIGENCE TO BE EXERCISED? 3. Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal 1. Degree of diligence agreed upon by the manner; impossibility must be absolute not parties; partial, otherwise not force majeure; and 2. In the absence of stipulation, that diligence 4. Debtor is free from any participation in the required by law; aggravation of the injury to the creditor. 3. If both contract and law are silent, then ILLUSTRATIONS: ordinary diligence. 1. A is tasked to deliver 50 sacks of rice to ARTICLE 1174. Except in cases specified by the B. However, it was damaged due to law, or when it is otherwise declared by typhoon. Does A still have an obligation  to deliver? fortitous event? No. It is already damaged due to No. The casualty should have been fortuitous event, thus, A's obligation is avoided had the captain stop from going already extinguished. Also, B's on their voyage. obligation to pay for the 50 sacks of rice is extinguished. Exceptions to Law on Fortuitous Events (Art 1174) 2. C is delivering a sofa. The clouds are partly cloudy that day. Upon preparing 1. G is obliged to deliver a cabinet to H to deliver the sofa, he did not put any on August 29, 2024. But he opted to cover. Durinv delivery, the sofa got wet deliver it on August 31. But on and it was stained by mud. Can C be August 30, the warehouse was excused by this action because it is destructed by a typhoon, and all of caused by fortuitous event? the items were damaged. Is G excused from delivering the No. Because C is negligent. cabinet? 3. C is delivering a sofa, while on the No. This example is an excuse from way, there was an eartquake, the road Art. 1174. Since G is delay, he is still split and the sofa fell onto that split. Can liable even for fortuitous events. C be excused by this action because it is caused by fortuitous event? *If you promised to deliver to two or more person. Yes. Because it was an accident, and C cannot foresee if the earthquake will 2. U have a vehicle (Masda occur during the delivery of sofa. On the 2023AYA111). He promised to part of the buyer, he is also excused on deliver the same car to A and B on paying for the sofa. August 30, 2024. But on August 27, 4. A resort owner from Cebu and is the car was strucked by a thunder, supposed to transfer tourist from Is U liable for fortuitous event? mainland Cebu to Bantayan Island. The owner is operating on a cruiseship. 5:00 Yes. Because U promised to deliver in the mornjng, based on the PAGASA to two or morw person, therefore, weather bulletin, there will be a storm he is alrwady in fraud. Since U that eill hit the are at 8:00 am. When deliberately has a mistake or fault in 8:00 am came, it was sunny and the sky tbat particular instance, even if the was clear, so, the owner decided to loss or destruction was due to a operate on the cruiseship with the fortuitous event, since U promised tourist onboard. In the middle of tbe to deliver to two or more person, U voyage, the waces started to act up, is still liable to A and B. there was strong winds, and it started SUMMARY OF RULES ON LIABILITY IN CASE OF raining. The tourists died. Can the FORTUITOUS EVENTS owner of the resort be excused due to General Rule: No person may be held established, no evidence is admissible responsible or liable for loss or damage caused to refute the presumption. to another resulting from the non- performance - Presumed to be true regardless of of his obligation due to a fortuitous event. the evidence. ART 1175. Usurious transactions shall be EXAMPLE: *Res judicata - a final judgment on governed by special laws. the merits rendered by a court of competent jurisdiction, is conclusive as to the rights of the USURY parties and their privies and constitutes an -Contracting for or receiving interest in excess absolute bar to subsequent actions involving the of the amount allowed by law for the loan or same claim, demand, or cause of action. use of money, goods, chattels or credits. *Ignorantia legis non excusat -No longer applicable and is rendered 2. Disputable Presumption (Rebuttable ineffective, since interest rates are not subject Presumption) - an assumption that the to any ceiling as long as they are not law holds to be true unless evidence is unconscionable. presented to contradict or disprove it. **Usury Law is already suspended by Central The party against whom the Bank Circular No. 905, s. 1982, effective on presumption is made has the January 1, 1983. opportunity to present evidence to challenge its validity. **Unconscionable means unfair or not proper. - true unless proven otherwise. The Bangko Sentral ng Pilipinas (BSP) issued its - Presenting of evidence is allowed to BSP Circular No. 799, series of 2013 (effective disprove presumptions. July 1, 2013), which approved the revision EXAMPLE: governing rate of interest in the absence of stipulation in loan contracts thereby amending *Doli Incapax- refers to the presumption that a the previous legal interest of 12%. Thus, in the child is incapable of committing a crime due to absence of an express contract as to such rate the lack of sufficient understanding or intent. shall be 6% per annum. *Presumption of Innocence in criminal cases - ART 1176. The receipt of the principal by the “Ei incumbit probatio qui dicit, non qui negat", creditor without reservation with respect to the which translates to "The burden of proof lies on interest, shall give rise to the presumption that the one who asserts, not on the one who said interest has been paid. denies." PRESUMPTION - refers to the inference of a fact ART 1177. The creditors, after having pursued not actually known arising from its usual the property in possession of the debtor to connection with another which is known or satisfy their claims, may exercise all the rights proved. and bring all the actions of the latter for the same purpose, save those which are inherent in 1. Conclusive Presumption - an his person; they may also impugn the acts which assumption that the law deems to be the debtor may have done to defraud them. true and cannot be contested, even with contrary evidence. Once SATISFACTION OF THEIR CLAIMS  1. SPECIFIC PERFORMANCE with right to resort. damages. APPLICATION: 2. EXHAUSTION OF THE DEBTOR’S PROPERTIES STILL IN HIS POSITION On the due date, Selena could not pay Claude Writ of attachment (before judgement) her obligation in the amount of P500,000.00. Writ of execution (for final judgement However, Selena owns a car worth about not yet executed). P300,000.00 and Alice is indebted to her for 3. ACCION SUBROGATORIA- an action P100,000.00. Before the due date of the where the creditor whose claims had obligation, Selena sold her land worth not been fully satisfied, may go after the P100,000.00 to Balmond. debtors (3rd person) of the defendant debtor. Under the circumstances, the rights granted to Claude under the law are as follows: REQUISITES: 1. He may bring an action for the collection of 1. The debtor’s assets must be insufficient the amount of P500,000.00 with a right to to satisfy claims against him; damages. (Sepcific Performance) 2. The creditor must have pursued all 2. In said action (#1), Claude could ask the court properties of the debtor subject to execution; to attach the car of Selena so that the car may be sold and payment made from the proceeds 3. The right of action must not be purely of the sale. (Attachment and Execution) personal; 3. He may ask the court to order Alice not to pay 4. The debtor whose right of action is Selena so that payment may be made to him exercised must be indebted to the creditor. (Claude). (Accion Subrogatoria). 4. ACCION PAULIANA- an action where the 4. He may ask the court to rescind or cancel the creditor files an action in court for the sale made by Selena to Balmond on the ground RESCISSION of acts or contracts entered that the transaction is fraudulent in case he into by the debtor designed to defraud (Claude) cannot recover in any other manner his the former. credit. (Accion Pauliana). REQUISITES: 1. Defendant must be indebted to ART 1178. Subject to laws, all rights acquired in plaintiff; virtue of an obligation are transmissible, if there 2. The fraudulent act performed by the has been no stipulation to the contrary. debtor subsequent to the contract gives advantage to another; General Rule: All rights acquired by virtue of an 3. The creditor is prejudiced by such act; obligation are transmissible. 4. The creditor must have pursued all Exceptions: properties of the debtor subject to execution; 1. Prohibited by law - such as the rights in 5. The creditor has no other legal partnership, agency, and commodatum which remedy. are purely personal in character. 2. Prohibited by stipulation of the parties - **Accion Pauliana is also referred to as When prohibited by stipulation of the parties, the Remedy of last like the stipulation that upon the death of the creditor, the obligation shall be extinguished, or Is death of a person considered a condition? that the creditor cannot assign his credit to NO. Although the uncertainty of the date of its another. arrival is present, the mere fact that death is ARTICLE 1179. Every obligation whose inevitable for every mortal being makes this performance does not depend upon a future or event a term or a period and not a condition. uncertain event, or upon a past event unknown The uncertainty lies with the exact date but not to the parties, is demandable at once. Every as to whether or not it will happen. obligation which contains a resolutory condition SUSPENSIVE CONDITION shall also be demandable, without prejudice to the effects of the happening of the event. - “Condition precedent” - If the obligation is dependent upon PURE OBLIGATIONS a suspensive condition, then the - Obligations whose performance acquisition of rights and the does not depend upon a future or existence of the obligation only uncertain event or upon a past occurs when the event, considered event unknown to the parties (both as the suspensive condition, conditions), or a term; happens. - No day is fixed for its compliance; - *if the condition did not happened, - A pure obligation is demandable at it is as if the parties never agreed to once (immediately demandable) an obligation in the first place. **There is no obligation as of the moment (Debtor’s POV). The obligation will not yet arise OBLIGATIONS DEMANDABLE AT ONCE since the same is “suspended” until the  Resolutory Condition – extinguishes fulfillment of the condition (future and obligation upon fulfillment. uncertain event or past events unknown to the parties). EXAMPLE: A promises to pension B in the amount of five thousand per month until **Q. What if the debtor delivered something to such time that she gets married. the creditor/ paid the latter by mistake during pendency of the condition? CONDITIONAL OBLIGATIONS A: The debtor may validly recover what has - Obligations in which the acquisition been paid or delivered by mistake. of rights as well as the extinguishment or loss of those **No rights as of the moment (Creditor’s POV). already acquired shall depend upon The creditor will not yet acquire rights until the the happening of an event which happening of the event that constitutes the constitutes a condition. condition. Here, the creditor may take appropriate actions by virtue of the expectancy Condition- is an uncertain event that has an that the event will happen. influence on a legal relation. **-generally, the fulfillment of the condition - May either be a future or uncertain gives birth to both the obligation of the debtor event. May also be a past event (to perform the obligation) as well as the right unknown to parties. of the creditor (to demand the performance of During the delivery, the dog got pregnant and the obligation). gave birth to its offsprings. Who has a better right to the fruits? (The seller, A) SUSPENSIVE CONDITIONS A is obliged to give a dog to B. The contract was -a condition the fulfillment of which will give perfected on June 8, 2024, and the dog is rise to an obligation (or right). (See Art. 1181) expected to be delivered on June 30, 2024. -The obligation is not effective or in force until When the dog was delivered, it gave birth to its the happening of a suspensive condition. The offsprings. Who has a better right to the fruits? creditor acquires rights when the suspensive (The buyer, B) condition happens. WHAT IS DELIVERY OR TRADITION? -Future; uncertain event OR Past events – the concept of delivery or tradition refers to unknown to the parties). the method by which ownership and possession EXAMPLE: I will give you Php 500,000 when you of property, particularly in real obligations, are pass the CPA Board Exam. transferred from the seller to the buyer. PERIOD/TERM -This concept is fundamental in determining when ownership effectively passes from one ART. 1193. Obligations for whose fulfillment a party to another, and it encompasses both day certain has been fixed, shall be demandable actual and constructive delivery methods. only when that day comes. (Obligations with a Period) KINDS OF DELIVERY OR TRADITION *Period- a day certain is understood to be that Actual Delivery (Traditio Realis) – where which must necessarily come, although it may physically, the property changes hands or is not be known when. transferred from one to another. -Future and Certain Event Constructive Delivery - That where the physical transfer is implied. This may further be classified EXAMPLES: On the Christmas Eve of 2024; On into 5 sub-categories: Traditio Symbolica, the National Heroes Day of 2025 Traditio Long Manu, Traditio Brevi Manu, When does the obligation to deliver the fruit Traditio Constitutum Possessorium, and arise? Tradition by the Execution of Legal Forms and Solemnities a. Contract of Sale – Obligation to deliver arises from perfection of contract even if the KINDS OF CONSTRUCTIVE DELIVERY (SUB- obligation is subject to a suspensive condition. CATEGORIES) b. Real Obligations arising from law, QC, D, QD – Traditio Symbolica – where a thing, which the time of performance is determined by the represents the object of the obligation, is specific source or provision. delivered. Like when a key to a house is delivered. (Symbolic Delivery) EXAMPLE: Traditio Longa Manu - delivery by mere consent A is obliged to give a dog to B. The contract was or the pointing of the object. (Delivery by Long perfected on June 8, 2024, and the dog is Hand) expected to be delivered on June 30, 2024. Traditio Brevi Manu – that kind of delivery Onerous- burdensome, there is already an whereby a possessor of a thing, not as an interest. owner, becomes the possessor as an owner. INTEREST - refers to the compensation or (Delivery by Short Hand) payment made by the borrower (debtor) to the Example: When a tenant already in possession lender (creditor) for the use of money or goods of the house buys the house from the owner. lent. Traditio Constitutum Possessorium- the REQUISITES FOR RECOVERY/VALIDITY OF opposite of brevi manu; This is the delivery INTEREST whereby a possessor of a thing, as an owner, 1. It must be expressly stipulated; retains possession no longer as an owner, but in some other capacity. 2. The agreement must be in writing; Example: A house owner who sells a house but 3. Interest imposed must be lawful. remains in possession as tenant of the same house. Other Provision: In case of Delay/ promise to Deliver the thing to two or more individuals (with different interests), there arises responsibility for Fortuitous events until delivery is effected. (exception to non-liability in case of fortuitous events). BREACH OF OBLIGATION 1. Involuntary- these are due to causes independent of the will of the parties. (fortuitous event and Force Majeure) 2. Voluntary-Arises from the will of the Parties (Mora or delay, Dolo or Fraud, Culpa or Negligence, and Contravention of the tenor of the obligation) SIMPLE LOAN or MUTUUM MUTUUM- A contract whereby one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. It may be gratuitous or with a stipulation to pay interest (onerous). Gratuitous – by mere generosity, no additional interest.