What are the remedies of the creditor in personal obligations? (Articles 1167-1168)

Summary

In this video, Attorney Chris Batan Lasko explains remedies for personal obligations under the Civil Code, focusing on the difference between positive and negative personal obligations. He discusses how an obligee can handle situations where the obliger fails to fulfill their duties, such as performing a service or refraining from a specific action. Lasko emphasizes that while an obligee cannot compel performance due to constitutional prohibitions against involuntary servitude, they can hire someone else to perform the task at the obliger's expense. The video clarifies key legal remedies and provides practical examples to help viewers understand the principles.

Takeaways

• 😀 Positive personal obligations are tasks the obliger must do, such as singing at a party, and failure to comply can lead to specific remedies.
• 😀 Negative personal obligations are tasks the obliger must not do, such as refraining from an action, and remedies exist when they do the forbidden act.
• 😀 The Civil Code Article 1167 outlines that if an obliger fails to fulfill a positive personal obligation, the obligee cannot compel them to perform the task due to constitutional protections against involuntary servitude.
• 😀 Instead of forcing the obliger to perform, the obligee can hire someone else to fulfill the obligation, and the obliger will cover the cost.
• 😀 If the obliger does not perform as agreed (e.g., painting a house in the wrong color), the obligee can hire someone else to complete the task, with the obliger covering the expenses.
• 😀 Even when the obliger performs poorly, such as painting a house incorrectly, the remedy involves paying someone else to redo the work at the obliger's cost.
• 😀 Remedies for positive personal obligations do not allow the obliger to be forced to perform personally but may involve substituting another person to complete the task, at the obliger's expense.
• 😀 In negative personal obligations, if the obliger performs the forbidden act, it must be undone, but again, the obligee cannot compel the obliger to personally undo the action.
• 😀 The remedy for a negative personal obligation violation is to hire someone else to undo the act, with the obliger bearing the cost.
• 😀 Constitutional protection against involuntary servitude limits the remedies in personal obligations, making it impossible to compel personal performance or undoing tasks.
• 😀 The video provides an overview of Articles 1167 and 1168 of the Civil Code, which govern the remedies available in cases of personal obligations, both positive and negative.

Q & A

What is the main focus of this video?

The video focuses on explaining remedies in personal obligations under civil law, particularly how an obligee can address breaches of both positive and negative personal obligations.

What is the difference between positive and negative personal obligations?

Positive personal obligations refer to obligations to do something, such as performing a service or task, while negative personal obligations are those that require the obliger to refrain from doing something.

What happens if a person fails to comply with a positive personal obligation?

According to Article 1167 of the Civil Code, if a person fails to comply with a positive personal obligation, the obligee may hire someone else to fulfill the task at the obliger's expense, but cannot compel the obliger to personally perform the obligation.

Why can’t the obligee compel the obliger to personally perform a positive personal obligation?

The reason is the constitutional prohibition against involuntary servitude, which prevents forcing someone to perform a task or service against their will.

Can the obliger be forced to undo poorly performed work in a positive personal obligation?

No, the obligee cannot compel the obliger to undo the poorly performed work. However, the obligee may hire someone else to fix the issue at the obliger's expense.

What does Article 1167 specify about poorly done tasks?

Article 1167 specifies that if a task is poorly done, the obligee can have it undone or corrected, but the obliger will bear the cost of rectifying the situation, as they cannot be compelled to perform it themselves.

What happens if the obliger violates a negative personal obligation?

If the obliger violates a negative personal obligation, the remedy is to undo the action at their expense. Again, the obligee cannot force the obliger to undo the action, but they may hire someone else to correct it.

What is the key difference in remedy between positive and negative personal obligations?

The key difference is that for positive obligations, the obligee can hire someone else to perform the task at the obliger's expense, while for negative obligations, the obligee can hire someone to undo the violation, but the action must be undone at the obliger's expense.

What does Article 1168 cover?

Article 1168 covers remedies for negative personal obligations, stating that if the obliger does what they were forbidden to do, the action can be undone at their expense.

Why does the video emphasize the constitutional prohibition against involuntary servitude?

The video emphasizes this prohibition because it explains why the law prevents forcing someone to personally fulfill their obligations, even if they initially agreed to do so, especially in cases involving personal services.