Obligations Chapter 2 part 3
Summary
TLDRThis script discusses the legal implications of breaching obligations, detailing the conditions under which a debtor may be liable for damages. It covers the grounds for liability, including fraud, negligence, delay, and non-performance, and explains the exceptions such as fortuitous events. The script also outlines the remedies available to creditors and the transferability of rights and obligations, providing a comprehensive overview of the nature and effects of obligations in legal contexts.
Takeaways
- 📜 Obligations are considered juridical necessities, and non-performance can lead to the debtor being liable for damages.
- 💰 Damages are monetary payments meant to compensate for the injury or loss suffered by the obligee due to the breach of obligation by the obligor.
- 🔍 Article 1170 enumerates specific grounds for liability for damages, including fraud, negligence, delay, contravention of terms, and non-performance.
- 🚫 Fraud involves intentional or deliberate non-fulfillment of an obligation and is not allowed to be waived for future occurrences.
- 🚑 Negligence is defined as the absence of diligence or care required under the circumstances, and liability for negligence can vary on a case-by-case basis.
- ⏱️ Delay in fulfilling an obligation can incur liability unless it is due to a fortuitous event or other exceptions.
- 📝 Contravention of the terms agreed upon is a breach of obligation that can lead to liability for damages.
- 🚫 Non-performance of an obligation is a clear breach, but there are instances where the debtor may not be liable for damages despite the breach.
- 🌪 A fortuitous event, which is unforeseeable or beyond control, can excuse the debtor from liability for damages due to delay, loss, or non-performance.
- 📋 There are exceptions to the rule of fortuitous events, such as when the debtor has assumed the risk or there was already delay before the event occurred.
- 🔄 Rights and obligations are generally transmissible or transferable, allowing for assignment or performance by another person, except in cases deemed personal by the parties or the law.
Q & A
What are the consequences of a debtor failing to perform their obligations?
-If a debtor fails to perform their obligations, they become liable for damages, which may include monetary payments to compensate for the injury or loss suffered by the creditor due to the breach of obligation.
What does Article 1170 enumerate in the context of liability for damages?
-Article 1170 enumerates the grounds for liability for damages, which include specific kinds of breaches such as fraud, negligence, delay, contravention of terms agreed upon, and non-performance of the obligation.
Can you explain the concept of 'fraud' as a ground for liability in damages?
-Fraud in this context refers to an intentional or deliberate non-fulfillment of a public obligation. It includes deception or deceit in the performance or non-performance of an obligation and can be further categorized into causal fraud and incidental fraud.
What is the rule regarding the waiver of the right to demand liability for future fraud?
-The law does not allow for the waiver of the right to demand liability for future fraud. Any agreement to this effect is considered void because it could potentially encourage the debtor to commit fraud.
How is negligence defined in the context of breach of obligation?
-Negligence is defined as the absence of diligence or care that a person would take in a particular circumstance. It is determined based on the degree of care required under the specific circumstances of time, place, or person.
What are the conditions under which a debtor may not be liable for damages due to a fortuitous event?
-A debtor may not be liable for damages if the delay, loss, or non-performance of the obligation is due to a fortuitous event that is unforeseeable or beyond the control of the debtor, provided that the debtor did not assume the risk or contribute to the event.
What are the exceptions to the rule that a debtor is not liable for damages due to a fortuitous event?
-There are exceptions where the debtor may still be liable for damages even if a fortuitous event occurred. These include if there was an assumption of risk or if there was already a delay before the fortuitous event happened.
What remedies are available to creditors for the satisfaction of their claims?
-Creditors have alternative remedies such as exact fulfillment or specific performance with the right to damages, pursuing the seizable properties, exercising rights available to the debtor on behalf of the debtor, and asking the court to rescind or cancel the contract.
What does the term 'transmissibility' or 'transferability' of rights and obligations mean?
-Transmissibility or transferability of rights and obligations means that rights can be assigned to another person to enjoy, and obligations can be performed by another person on behalf of the original obligor, unless the parties agree or the law considers the obligation to be personal and non-transferable.
What is the significance of the presumptions mentioned in Article 1176?
-The presumptions in Article 1176 provide an inference of fact based on its usual connection with another thing. For example, there's a presumption that interest has been paid first in the payment of monetary obligations, and a presumption of payment of earlier liability in the case of later payments.
Outlines
📚 Legal Consequences of Non-Performance
This paragraph discusses the legal repercussions when a debtor fails to fulfill their obligations. It emphasizes that non-performance leads to the debtor being liable for damages, which are monetary payments to compensate for the loss or injury suffered by the creditor due to the breach. The paragraph introduces Article 1170, which lists the grounds for liability for damages, including fraud, negligence, delay, contravention of terms, and non-performance. It explains that fraud involves intentional non-fulfillment or deceit in the performance of an obligation, and that the law recognizes different types of fraud, such as causal and incidental fraud. The paragraph also mentions that the responsibility for fraud in obligations is demandable in all kinds of obligations, and that the law does not allow agreements to waive liability for future fraud.
🚸 Negligence and Its Legal Implications
Paragraph 2 delves into the concept of negligence as a ground for liability, defining it as the absence of diligence or care required under specific circumstances. It provides examples to illustrate negligence, such as a doctor prescribing an inadequate treatment or a driver not adjusting their speed in poor weather conditions. The paragraph explains that the extent of liability for negligence is determined on a case-by-case basis, and courts have the discretion to mitigate or reduce damages awarded, considering the degree of negligence and whether the other party also contributed to the negligence.
⏳ Delay and Breach of Obligation
This paragraph addresses the concept of delay in the context of obligations, stating that delay cannot be claimed if there is no demand or if the demand is made before the obligation's due date. It discusses the conditions under which a debtor is liable for delay and the various grounds for breach of obligation, such as non-performance. The paragraph also introduces Article 1174, which outlines circumstances where a debtor may not be liable for damages despite a breach, such as in the event of a fortuitous event—an unforeseeable occurrence that is beyond the control of the debtor. However, it notes exceptions where the debtor remains liable, like when there is an assumption of risk or if delay occurred before the fortuitous event.
🚫 Exceptions to Liability and Presumptions
Paragraph 4 continues the discussion on exceptions to liability, focusing on fortuitous events and their impact on a debtor's responsibility. It explains that a debtor is not liable for damages due to a fortuitous event if it is the direct cause of the breach of obligation. However, the paragraph also outlines exceptions to this rule, such as when there is an assumption of risk or pre-existing delay. The paragraph then transitions to discuss legal presumptions, which are inferences of fact based on usual connections with other facts. It mentions specific presumptions related to the payment of interests and the order of payments in obligations, noting that these presumptions can be overridden by concrete proof.
🔄 Rights and Remedies for Creditors
The final paragraph outlines the rights and remedies available to creditors when a debtor is liable for damages. It discusses the options for creditors, such as exact fulfillment, specific performance, the right to damages, and the ability to pursue the debtor's properties through legal means. The paragraph also touches on the transmissibility of rights and obligations, explaining that rights acquired through obligations are generally transferable, unless specified otherwise by the parties or by law due to the personal nature of the obligation. This paragraph concludes the chapter on the nature and effects of obligations.
Mindmap
Keywords
💡Juridical Necessity
💡Damages
💡Breach of Obligation
💡Fraud
💡Negligence
💡Delay
💡Fortuitous Event
💡Usury
💡Presumptions
💡Transmissibility
Highlights
Debtor's non-performance of obligations leads to liability for damages as a form of compensation for the creditor's loss.
Article 1170 enumerates specific grounds for liability for damages, including fraud, negligence, delay, contravention of terms, and non-performance.
Fraud in the performance of obligations is intentional and can be causal or incidental, affecting the debtor's liability.
Article 1171 states that fraud in obligations is demandable in all kinds, prohibiting waivers for future fraud.
Courts have no power to mitigate damages awarded for fraud, emphasizing the severity of fraudulent actions.
Negligence is defined as the absence of diligence or care, with liability depending on the specific circumstances.
Liability for negligence can be mitigated by the court based on the degree of negligence and potential concurring negligence by the other party.
Delay in obligations is only considered if there is a demand made on the due date, with exceptions for cases where demand is not needed.
Breach of obligation terms agreed upon and non-performance are grounds for the debtor's liability for damages.
Article 1174 discusses the impact of fortuitous events on liability, excusing the debtor if the event is unforeseeable or beyond control.
Exceptions to the excusal of liability due to fortuitous events include the assumption of risk and pre-existing delay by the debtor.
Article 1175 touches on the historical context of usury laws and the courts' power to reduce excessive interest.
Presumptions in law, such as the payment of interest before principal, are subject to change with concrete proof.
Article 1177 outlines the alternative remedies available to creditors, including specific performance and the pursuit of securities.
Rights and obligations are generally transmissible or transferable, allowing assignment to third parties, except in cases deemed personal by agreement or law.
The discussion emphasizes the importance of understanding the nature and effects of obligations in legal transactions.
Transcripts
okay so now what
if the debtor fails to perform his or
her
obligation as what we have been
repeatedly saying
that since an obligation is a juridical
necessity
the non-performance of that obligation
will make
the debt reliable for damages
so there will be sanctions there will be
penalties
in the form of damages damages here guys
we are referring to the monetary payment
to compensate or to indemnify
the injury suffered or the loss
suffered by the obligate creditor
because of the breach of obligation of
the death or
obligor but when will the debtor be
really liable for
damages when can we consider him to have
committed a breach of
obligation so let's go to article 11
17. as what i have mentioned earlier
article 1170 is attached all provision
because it has enumerated or it
enumerates
the grounds for liability for damages
therefore these are the specific kinds
of breaches
that the death or or obligor may be
liable
off if what are those number one
fraud number two negligence
number three delay number four
contravention of the tenor or
contravention of the terms agreed upon
and of course not enumerated here but
should be included
number five is the non-performance
of the obligation
of
let's have these specific grounds one by
one
floyd what is fraud i'm sure you have
already heard
the term foreign
there's deception there is deceit
fraud here guys is that intentional
okay intentional or deliberate
not fulfillment by the death or of his
or her public
obligation but please take note
that there are several kinds of frauds
recognized in our law
one is the causal fraud or the fraud in
getting the consent of
a party musa
and the other one is the incidental
fraud
and that is the fraud ref referred to
here
in article 1170 and article 1171
so incidental fraud is the flawed in the
performance
of the obligation
deliberate or intentional
deception or deceit in the performance
or
non-performance of his or her obligation
okay so what are the rules on fraud as
at the ground for
damages so in article 1171
the responsibility arising from fraud
is demandable in all kinds of
obligations
may it be a real obligation personal
obligation
or the other kinds of obligations that
we will be discussing in chapter 3
whether it be pure obligation
conditional subject to a period
anything as long as there is an
obligation
and as long as there is fraud in the
performance of the obligation then the
obliger
or the debtor will be liable for that
particular
form okay article 1171
further provides that a waiver
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in the performance of his or her
obligation
the creditor or the obligee can
actually waive his right to demand the
liability
of the death
[Music]
is not allowed by law any agreement to
that effect
is already considered as void why
because if the creditor would raise
the debtors responsibility for a future
fraud
this will give way to the debtor of
libor
to really commit fraud in the
performance of this obligation because
anyway
okay so that agreement the agreement to
that effect is
really void now if ever there is
also responsibility for fraud guys
please take note
that the courts have no power
to mitigate or to reduce the damages
that will be awarded to that creditor
let's say the debtor has performed his
obligations
for damages because although there was
fraud
he was able to perform his obligation
anyway
in this case no okay the reason behind
this
is because our law does not
[Applause]
[Music]
any commission of fraud on the part of
the
debtor or obliger there shall be no
mitigation
for the liability of damages and there
will be no
waiver for future fraud
okay next ground is negligious
so what is negligence negligence is
simply defined as the
absence of diligence diligence food
has been defined as the care that a
person would
take in a particular constant sense a
particular circumstances
so you will be considered negligent if
you
fail to observe the degree of care
required under the circumstances so case
the case basis
okay so it depends on the circumstance
of
time place or person let's say for
example you're a doctor
a
is already suffering from pneumonia
so as a doctor you should know
an ordinary medicine for a cough is no
longer enough or no longer sufficient
for pneumonia
so in that case because of your
knowledge of
medicine you are already considered as
negligent
because according to the circumstance of
time and place
you should have driven slowly under the
night time and it was training hard
negligence is the absence of care
or the absence of allegiance based on
circumstances a place
time person okay now
if there is a liability for negligence
guys or if there is a responsibility for
negligence
here the amount of liability
of the person actually depends good
on a case-to-case basis because the
court
can mitigate or the court can reduce the
amount of the damages
depending on how negligent the person
was or depending also if whether or not
the other party is also guilty of
concurring
negligence it's a for example
negligence
or responsibility for damages depending
on the
surrounding circumstances of the case
okay third ground guys is the
delay okay of the um what you call this
delay of that first one that's what we
have discussed in
article 1169 so there will be no delay
if there is no demand but please if not
guys that the demand
must be made upon the maturity
or on the due date of the obligation
because if the demand was made before
the
due date that's pretty much four so you
cannot be in delays okay
on the day that the obligation has to be
performed or in those exceptions that
the demand is not needed
then the debtor will be liable for delay
okay the fourth one conservation of the
terms agreed upon
example instead of colored
and the fifth one of course
non-performance
of the obligation right
obligation so you will be liable for a
breach of
that's the breach of
obligation and non-performance
okay so you will be liable for that
now the rule guys is if ever
there is a breach of obligation the
debtor will be liable for damages that's
what we have just discussed in
article 11 17. right
however there are instances or there
are cases wherein the death or
is liable for breach but even if there
was a breach of obligation
he will not be liable for damages
when would that be let's go to article
11 article
1174 provides
the rules if ever there is a fortuitous
event what is a fortuitous event
a fortuitous event guys is an event
which is um
unforeseeable right or even if it is
foreseeable
[Laughter]
but up until today guys we do not have
the technology to detect the
happening of an earthquake
but uh that is just belief
but
[Music]
there is still no way for us to stop the
happening
of that event what we can do
affording this event guys can be an act
of
god or an act of man if it is an
act of god
anna that is really good for twitter's
event in its truest
sense but even if the event is an act of
man it can still be considered as a
fortuitous event
provided that the obligor
or the therefore has no participation
or has no hand at all why
such event happened
all right so what is the effect of a
fortune to see there
because the free tweeters event is
unforeseeable
or even if foreseeable
it's beyond the control of the obligor
or the death or
so if ever there was a delay
or there was not loss or non-performance
of the obligation
because of the fortuitous event the
debtor
will not be liable for a
[Music]
so he will be excused from liability
provided that the reason for that
loss delay or for that reach of
obligation
is that for twitter's event in the
proximity cause
of the breach of obligation is a
forbidden event
then the debtor is accepted
from liability or is excused from his
or her obligation for damages
but in article 1174 night
exceptions now even if there is a
fortuitous event now supposedly
that is not liable the debtor will still
be liable
if hey when would that be number one
there is an assumption of risk
okay and number two if there was already
delay
before the happening of the fortuitous
event in article 1165 if i'm not
mistaken
if there was a promise to give or to
deliver the object same object
to two or more persons having different
interests so there will be liability for
for tweet to see that
assumption of risk assumption of risk
you're familiar with insurance
so insurance guys and business they
assume risk now they will pay or they
will indemnify the insured
person if that in the covered
event or instance has taken place like
for example
fire insurance
insurance company insurance company now
there is a possibility now
because that that is their main
agreement
so there's assumption of this okay
second delay before the happening of the
fortuitous event so for example
friday friday
[Music]
there was already a delay on his part
before the fortuitous event
happen so e in this case says guys
even if they support me to see there the
debtor or the obliger will still be
liable
for damages okay then
article 1175 you serious transactions
actually this is no longer
uh used today because usury law has
already been suspended
under the usury law there is a cap or
there is a maximum for
interiors
and if you go beyond that or more than
that you will be
criminally liable
but anyway the courts we we have the
legal interest and the courts
have the authority or the power to
reduce the interest if ever it is
exorbitant or if ever
it is very excessive okay article
1176 presumptions
what is a presumption it is an inference
of fact
although not actually
but because of its usual connection with
another thing
we can say now what happened in the past
will be the same thing
what the results in the past if same
facts similar facts are on
so unresolved anemia will be the same
result as in the past
event or in that other event okay so
presumption
the receipt of the principal there's a
presumption that the interest has
already been
paid this is in payment of obligations
monetary obligations
you pay first the interest before you
pay the principal obligation
obligation and presumption
interest okay a payment of a later
rental or a later uh jew
there's a presumption on earlier
liability or obligation so for example
rentals
the presumptions guys will not apply
okay these are just presumptions
this will not apply if there is
really proof
interest or paid
will not apply in this case and then
article 1177
the rights or the remedies available to
the creditors
for the satisfaction of their claims so
if ever
the debtor is now liable how what can
the creditor
do or what can what are the specific
rights that the creditor may avail off
so here we have the exact fulfillment
for specific performance with right to
damages
pursue the labelable properties embargo
or properties
uh exercise or rice available to
the debtor on behalf of the debtor and
ask the court to rescind or to cancel
the
quanta in article 1177 guys what you
have to take note here
is the fact that these remedies
available to the creditor
are alternative in
alternative remedies and lastly for this
chapter
article 1178 uh
subject to loss all rights acquired by
virtue
of the obligation are transmissible
or transferable this is an important
uh article you have to take note of this
because you can use this good
in your all other transactions
okay transferability or transmissibility
of
rights and obligations meaning you can
assign
you can let another person
enjoy your rights or you can let another
person perform your
obligation on your behalf but of course
if the parties would agree or if the law
uh considers an obligation to be
personal
that means
so it cannot be transferred it's no
longer transmissible
or transferable but only as an exception
because the look the rule
is the rights and obligations are
transmissible
or transferable so that
ends our discussion for chapter 2
the nature and effects of obligations
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