Part 2. Nature and Effects of Obligations. Detailed Explanations with Examples on Art. 1165 -1168.
Summary
TLDRThis lecture explores the nature and effects of obligations, focusing on the rights of creditors when obligations are breached. It discusses the implications of Article 1170, detailing the debtor's liability for damages due to fraud, negligence, delay, or contravention of obligations. The lecture differentiates between obligations to deliver determinate and indeterminate things, explaining the creditor's right to compel delivery or seek substituted performance at the debtor's expense. It also addresses the consequences of a debtor promising the same determinate thing to multiple persons and the debtor's responsibility in the event of fortuitous events. The video concludes with a discussion of the remedies available to creditors, including specific performance, equivalent performance, and substituted performance.
Takeaways
- 📚 Article 1165 discusses the nature and effects of obligations, specifically focusing on the creditor's rights when the debtor fails to deliver a determinate thing.
- 📖 Article 1170 holds the debtor liable for damages in cases of fraud, negligence, delay, or contravention of the obligation's terms.
- 🚸 The creditor has the right to compel the debtor to make delivery of a specific thing, as outlined in the first paragraph of Article 1165.
- 🔄 If the thing to be delivered is indeterminate or generic, the creditor may request the obligation to be complied with at the debtor's expense, known as substituted performance.
- ⏰ The third paragraph of Article 1165 addresses the debtor's responsibility for fortuitous events until delivery is affected, with exceptions for specific circumstances.
- 🌪 Fortuitous events, such as natural disasters or acts of war, generally do not exempt the debtor from responsibility unless under certain conditions.
- 📉 The difference between ordinary delay and legal delay (in default or mora) is highlighted, with the latter involving a failure to perform an obligation on time after a demand has been made.
- 🛠️ Article 1167 covers positive personal obligations, allowing the creditor to demand the obligation be performed at the debtor's cost or to claim damages if not done properly.
- 🚫 Article 1168 pertains to negative personal obligations, where if the obligor does what is forbidden, it must be undone at their expense.
- 🏠 Specific performance is not available for personal obligations due to the constitutional prohibition against involuntary servitude; damages are the typical remedy.
Q & A
What does Article 1170 provide regarding the liability of a debtor?
-Article 1170 provides that the debtor will be liable for damages if they are guilty of fraud, negligence, delay, or if they contravene the tenor of their obligations.
What is the difference between an obligation to deliver a determinate thing and a generic thing?
-An obligation to deliver a determinate thing refers to a specific, identifiable item that must be delivered, whereas a generic thing refers to a type of item that does not need to be specific or unique. The creditor can compel the debtor to deliver a determinate thing, but for a generic thing, the obligation can be complied with at the expense of the debtor, potentially by a third party.
What is the legal term for when a debtor fails to deliver a determinate thing to multiple persons with different interests?
-When a debtor fails to deliver a determinate thing to multiple persons with different interests, it is referred to as a 'fortituous event,' which does not exempt the debtor from responsibility until delivery is affected.
What is the difference between ordinary delay and legal delay (in default or mora)?
-Ordinary delay is the failure to perform an obligation on time, while legal delay, or mora, is the failure to perform the obligation on time after a demand has been made for its performance and the debtor has not complied.
What are the remedies available to a creditor when a debtor fails to perform an obligation under Article 1167?
-Under Article 1167, if a debtor fails to perform an obligation, the creditor can have the obligation performed by another at the debtor's expense or recover damages. If the debtor performs the obligation poorly or contrary to the agreement, the creditor can also demand that it be undone at the debtor's expense and claim damages.
How does Article 1168 differ from Article 1167 in terms of obligations?
-Article 1168 deals with negative personal obligations, where the debtor is obliged not to do something. If the debtor does what has been forbidden, it must be undone at their expense. Article 1167, on the other hand, deals with positive personal obligations where the debtor is obliged to do something.
What is the concept of 'substituted performance' as mentioned in the script?
-Substituted performance refers to a situation where the obligation is fulfilled by someone else or through some other means, at the expense of the debtor. This is an option when the obligation is to deliver a generic thing or when specific performance is not feasible due to the nature of the obligation.
Why is specific performance not available in obligations to do or not to do?
-Specific performance is not available in obligations to do or not to do because enforcing it would amount to involuntary servitude, which is prohibited under the constitution.
What happens if a debtor is obligated to deliver the same determinate thing to two or more persons with different interests?
-If a debtor is obligated to deliver the same determinate thing to two or more persons with different interests, they remain liable even if a fortituous event occurs, as they cannot fulfill the obligation to both parties.
What is the significance of the term 'equivalent performance' in the context of obligations?
-Equivalent performance refers to the payment of damages as a remedy when specific performance is not available or appropriate, such as in personal obligations where the debtor's personal action is required.
Outlines
📜 Legal Obligations and Remedies for Specific Deliveries
This paragraph delves into the nature and effects of obligations, focusing on the third item of discussion, with the last item reserved for the next video. It discusses Article 1165 and the creditor's rights, particularly when the deliverable is a determinate thing. The debtor can be compelled to make delivery, and if there's a violation, the creditor can demand damages as per Article 1170. The video also differentiates between obligations to deliver specific and generic things, explaining the concept of substituted performance and the debtor's responsibility for fortuitous events until delivery is affected.
🌪 Fortuitous Events and Legal Delays in Obligations
Paragraph 2 continues the discussion on obligations, specifically addressing the impact of fortuitous events and legal delays. It explains that a fortuitous event, or act of God, does not exempt a debtor from responsibility unless certain conditions are met. The paragraph distinguishes between ordinary delay and legal delay (default or mora), emphasizing that legal delay occurs when there's a failure to perform an obligation on time after a demand has been made. The example of Foggy and Ganda is used to illustrate how a fortuitous event like an earthquake affects liability in the context of a car delivery obligation.
🛠️ Remedies for Unfulfilled and Poorly Executed Obligations
Paragraph 3 explores Article 1167, which outlines the consequences when a person fails to fulfill an obligation, performs it contrary to the agreement, or does it poorly. The creditor has the right to have the obligation performed by another at the debtor's expense or to recover damages. The paragraph also touches on the concept of personal obligations, where specific performance is not allowed due to constitutional prohibitions against involuntary servitude. Instead, damages are the typical remedy. Examples are provided to illustrate these scenarios, including the case of a typewriter repair and the construction of a house.
🚫 Negative Personal Obligations and Their Enforcement
The final paragraph discusses Article 1168, which pertains to negative personal obligations, where the debtor is forbidden from doing something. If the debtor violates this prohibition, the action must be undone at their expense. An example is given where Ganda constructs a fence in violation of an agreement, and Foggy can take action to have it removed at Ganda's expense. The paragraph concludes with a summary of the remedies available to creditors in obligations to give, to do, and not to do, emphasizing that specific performance is not available in personal obligations due to constitutional restrictions, and the focus is on equivalent performance or damages.
Mindmap
Keywords
💡Obligation
💡Creditor
💡Debtor
💡Specific Performance
💡Substituted Performance
💡Fortuitous Event
💡Delay
💡Breach of Obligation
💡Damages
💡Personal Obligation
Highlights
The nature and effects of obligations are discussed, focusing on the third item with the last item to be covered in the next video.
Article 1165 is introduced, detailing the creditor's rights when the debtor fails to deliver a determinate thing.
Article 1170 is mentioned, which holds the debtor liable for damages in cases of fraud, negligence, delay, or contravention of obligations.
The creditor has the right to compel the debtor to make delivery, as explained with reference to specific performance.
A scenario is presented where Foggy is obliged to deliver his only car to Ganda, illustrating the application of specific performance.
The difference between obligations to deliver a specific thing versus a generic thing is explained, with the latter allowing for substituted performance.
An example of substituted performance is given, where Foggy is obliged to deliver 100 sacks of rice, which can be done by a third party at his expense.
The concept of fortuitous events and their impact on the debtor's responsibility is discussed, with exceptions for specific and determinate obligations.
The term 'fortuitous event' is defined, including its application in cases of natural occurrences like earthquakes or man-made forces like war.
The distinction between ordinary delay and legal delay (in default or mora) is clarified, with examples to illustrate the consequences of each.
Article 1167 is discussed, outlining the creditor's remedies when the debtor fails to perform an obligation, performs contrary to the terms, or performs poorly.
The case of Travis versus Gonzalez is used to illustrate the application of Article 1167, where the repairman is held liable for damages.
The limitation of specific performance in personal obligations is explained, due to the prohibition of involuntary servitude.
Article 1168 is introduced, paralleling Article 1167 but focusing on negative personal obligations, such as not building a fence on specified land.
A summary of the remedies available to the creditor in obligations to give, to do, and not to do is provided, emphasizing the importance of specific and substituted performance, as well as damages.
Transcripts
nature and effects of obligations
nothing on item one and two now we will
be discussing the third item
the last item will be discussed in our
next video
and like last time magnificating short
summary of our discussion
at the end of this lecture but before we
begin
previous videos
para
article 1165 so let's tackle first
the first paragraph when what is to be
delivered is a determinate thing
the creditor in addition to the right
granted him by article 1170
compel the debtor to make the delivery
well
diane mentioned on article 1170 but we
will be discussing this thoroughly on
our next video for now it's
enough to just say that article 1170
provides that
the detour will be liable for damages if
he is guilty of
fraud negligence delay or if he
contravenes the tenor of his obligations
so pogba's validations and breach of
obligations
say that non-damages
article 1170 so meaning this provision
is actually telling us that your
creditor
could pass to demand for damages
if ever my violation's obligation has
also the right
to compel the debtor to make the
delivery
liba as discussed previously in an
obligation to deliver a determinate
thing or a specific
thing a misnomer specific saying
whatever it
is
just to compel him to perform the
obligation
as a creditor i'm adding mcfarland
before the court and the court will be
the one to compel
to order the delivery the creditor i've
wedding mug file
for specific performance parama compels
the data to make delivery okay
specific performance issan madalen
foggy obliged himself to deliver to
ganda his
only car on december 25
so pagating on december 25 ganda now has
the right to
demand tokoge and i deliver young
kanyangkar that's it
so let's proceed to the second paragraph
of article 65 if the thing is
indeterminate or generic
he may ask that the obligation be
complied with at the expense of the
better
this is why we need to differentiate an
obligation to give specific
thing from generic thing is generic
thing
it is not necessary for the creditor to
compel the debtor to make
delivery although he has an option to
ask
for specific performance pero dito
he may ask that the obligation be
complied with
at the expense of the debtor
meaning it can be done by someone else
at the expense of the debtor this is
actually what we called
substituted performance example
foggy obliged himself to deliver to
ganda
100 sacks of rice on december 25
for 50 000 passes now
if on december 25 in addition to
delivering
100 sacks of rice kai ganda sigandai
pudding mummy lena 100
sucks sky beauty a third person at the
expense of
foggy little see beauty and make
believer now 100 sacks of rice
meaning substituted performance at the
expense of
foggy that's it let's proceed with the
last
sentence if the obliger delays or has
promised
to deliver the same thing to two or more
persons
who do not have the same interest he
shall be responsible for any fortituous
event
until he has affected the delivery
the third paragraph only gives two
instances when fortitude's event
does not exempt the death or from
responsibility
hence it likewise refers to an
obligation to deliver a determinate or
specific thing as a rule to say
a generic thing cannot be an object of
destruction by 42's event
we will be discussing 42's event in
detail when we reach
article 1174 which will be covered in
the next video
but for now it is event
will not exempt the death or sakhanyan
responsibility
but before that and but unfortunate
event
as defined a fortune event
is an unforeseen event or
if foreseen inevitable
it is also called an act of god
if it is due to a natural occurrence
like an earthquake
and force mayuri is caused by
man like war okay so malino nakano
unfortunately
da hinza unforeseen or inevitable event
just take for example the one that i
have posted in
my page foggy obliged himself to deliver
to ganda his one and only car
before delivery an earthquake destroys
completely the car
is foggy still obliged to deliver a car
to ganda
so if prior to delivery the car on an
earthquake
and because of that nasira
earthquake which is no doubt a fortitude
event foggy will not be responsible
that is a general rule with regard to
a42's event
now article 1165 last paragraph
provides for a reason or a situations
nakahitami
accordingly if the obligor delays
another legal term delay
what is delay it has nothing to do with
equality
but only with punctuality
in delay even if the quality is
excellent
but the performance is not in due time
the adapter is liable a distinction
should be made between
ordinary delay and legal delay default
or
mora which is usually param a
distinguished name in
ordinary delay in legal parlance we use
the term
in default or mora ordinary delay
is merely the failure to perform
an obligation on time when you say legal
delay
or in default or mora it is the failure
to perform the obligation on time
which constitutes breach
of the obligation what makes it
getter in default actually it is the
extrajudicial or judicial demand
pacman demand to perform an obligation
and he didn't have a comply sedator he
is now
considered as in default or meron
legal delay actually we'll be discussing
this
further in article 1169
but let's just take an example on the
same example
before sipogi in oblige journals
to deliver his only card to ganda
now if on the sad day on december 25
hindi not delivers the foggy he is now
in ordinary delay okay not yet
in default on december 25 an earthquake
destroys
his only car foggy is not liable
however if the scenario is like this on
december 25
demand was made for the delivery so
pogi now is in legal delay or in default
now if later the car was destroyed
a 42-week event by an earthquake he
would still be
liable and in this case the obligation
to deliver that
specific thing is converted into a
monetary claim for
damages so another situations
nakaita my earthquake a gigging liable
principal
accordingly when he has promised or
delivered the same thing
to two or more persons who do not have
the same
interest
interest in our example if foggy obliged
himself to deliver to ganda
he's one and only car but he is on car
and then thereafter he also made
the same promise to beauty the reason is
because
it would be impossible for pogi to
comply with his obligation
to deliver to both ganda and beauty
the same car even without fortitude was
event
so even if nakarona earthquake
damage jungkar boggy would still be
liable
so that's article eleven sixty five
papos narina
natin ma discussed on article 1166 in
our previous video
so let's proceed to article 1167
article 1167 if a person obliged to do
something
fails to do it the same shall be
executed at his cost
the same rule shall be observed if he
does it
in contravention of the tenor of the
obligation
furthermore it may be decreed that what
has been
poorly done be undone on article 1167
obligation to do otherwise known as the
positive personal obligations
which we already discussed in passing
when we discuss the general provisions
and obligations
now article 1167 actually contemplates
three scenarios the detour fails to
perform
an obligation so that is one the debtor
fails to perform an
obligation to do meaning hindi nagawa
and obligation second the debtor
performs an obligation but is
contrary to the terms thereof
or hindi in compliance
and third the debtor performs an
obligation but in a poor
manner
but in poor quality meaning
independence standard
so hindi nagawa nagawa pero hindi na
ayun sao sapan
at nagawa
1167 says the creditor has the
right number one to have it performed by
him or by another as the expense of
the debtor so
and of course the usual right to recover
damages
okay let's take for example the case of
travis versus
gonzalez a typewriter owner
delivered the same to a repairman for
repairs
typewriter however despite repeated
demands
no work was done so eventually the
repairman returned the machine hindi
ana ayus and burst
so the owner know even a next
owner now claims damages from the first
repairman
for the cost of the repairs and the cost
of the missing parts
can the first repairman be held liable
yes the first repairman is liable for
damages
and this includes the cost of the
neighbor
and the needed materials as well as the
value
of the missing parts that him according
to article
1167 if a person obliged to do something
but fails to do it if the same shall be
executed
at his cost however if young evolution
is
personal it is too personal or special
like in painting a winner is a reputed
artist
so in this case only damages may be
asked
unless substituted performance is
permitted
then the right now is only to claim for
damages
so now in case of the two scenarios musa
contrary to the tenor or it is poorly
done
if the debtor performed the obligation
but in contravention and the agreement
same rule would apply in the previous
paragraph so the creditor may ask
that another person perform the
obligation at the expense of the debtor
and second the creditor may demand
damages
against the debtor now if the obligation
is poorly done
the creditor may ask that it be undone
at the debtor's expense and second
as is well the creditor may demand
damages
note india guy an obligation to give not
reading a compel and better to make
delivery
that is not applicable in an obligation
to do why
back at a young specific performance
cannot be ordered in personal
obligations
it is because it will amount to
involuntary servitude
which is as a rule is prohibited under
our constitution
the only remedy by the creditor is to
ask
for damages can say he did not including
philippines
or to do something otherwise he we will
violate the constitution
so let's have an example foggy obliged
himself
to construct a house for ganda
if pogi does not construct the house
on time ganda may ask another contractor
to do the job at the expense of foggy
plus damages second scenario if
foggy constructed the house but
he does not conform to what is
specifically
should be made up of these materials
fell hindi union
so gandan now has a right to ask
another contractor to do the job at the
expense of
pogi plus damages the same
rule shall apply now and the third
scenario
if bogey constructed the house according
to the specification
however it was poorly done
so that's it let's move on to article
1168 actually it is almost the same with
article 1167
with article 1167 refers to a positive
personal obligation and article 1168
speaks of a negative personal obligation
article 1168 when the obligation
consists
in not doing and obliger does what has
been forbidden him
it shall also be undone at his extents
okay let's take an example foggy bought
a land from
ganda and it is stipulated in the
contract that ganda will not build a
fence on a certain
portion of his land adjoining topography
now if ganda constructs a fence
which is in violation of their agreement
pogi can bring an action to have defense
removed
at the expense of ganda sweating
now as promised i will give you a
summary of the topic
you may screenshot this and familiarize
yourself
summary of the rules regarding remedies
available to the creditor
in obligations to give to do and
not to do specific performance is the
performance of the obligation itself
as said before in an obligation to do or
not to do
specific performance is not available
it will go against the constitutional
prohibition against
involuntary servitude equivalent
performance is the payment of damages
and as you can see salah had an
obligation available on equivalent
performance or the payment of damages
substituted performance is when someone
else
performs or something else is performed
at the expense of the debtor
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