Nature and Effect of Obligations (Part 1)
Summary
TLDRThe video script discusses the nature and effect of obligations in law, particularly focusing on determinate and indeterminate things. Determinate things are those that can be specifically designated or physically segregated, like a specific car or house, while indeterminate things belong to a class and cannot be specifically segregated, such as a generic car or money. The script explains that the loss of a determinate thing due to a fortuitous event extinguishes the obligation, whereas the loss of an indeterminate thing does not, based on the principle that the class of a thing can never perish.
Takeaways
- đ Determinacy in law is defined by Article 1460 of the New Civil Code of the Philippines, stating a thing is determinate when it can be specifically designated or physically segregated from others of the same class.
- đ Examples of determinate things include a specific car with unique identifiers like engine and plate numbers, a single wristwatch, or a house at a specific address.
- đ Indeterminate or generic things are those that cannot be specifically designated or segregated, such as a horse, a car in general, or a sum of money like ten thousand pesos.
- đ The script uses the example of 'this particular book on my table' to illustrate a determinate thing, while 'five books' is considered indeterminate or generic.
- đŒ The loss of a determinate thing due to a fortuitous event extinguishes the obligation according to Article 1262 of the New Civil Code of the Philippines.
- đȘ A fortuitous event is one that is unforeseeable and inevitable, which could be either acts of God (like typhoons or earthquakes) or acts of man (like armed robbery or riots).
- đ” The loss of a generic thing due to a fortuitous event does not extinguish the obligation because the principle states that the genus of a thing can never perish.
- đ The script emphasizes the importance of distinguishing between determinate and generic things, as it affects the outcome of obligations in the event of loss.
- đ The elements of a fortuitous event include the cause being independent of the debtor's will, impossibility of foreseeing or avoiding the event, and the event making it impossible to perform the obligation in a normal manner.
- đĄ An example given is the obligation to give one's only wristwatch, which if lost due to a fortuitous event, makes it impossible to fulfill the obligation normally.
Q & A
What is the definition of a determinate thing according to Article 1460 of the New Civil Code of the Philippines?
-A determinate thing is one that is specifically designated or physically segregated from all others of the same class.
Can you provide an example of a determinate thing as mentioned in the script?
-Yes, a 2020 Toyota Fortuner with a specific engine number, body number, and plate number URV123 is an example of a determinate thing.
What is the significance of the word 'only' in the context of determinate things?
-The word 'only' signifies that the item mentioned is unique and determinate, such as 'my only wrist watch,' which cannot be confused with any other wrist watch.
How does the location of a house contribute to it being considered a determinate thing?
-A house located at a specific address, like 123 Moret Street, Sao Paulo, Manila, is considered determinate because its location uniquely identifies it.
What is the definition of a generic or indeterminate thing in the context of the law?
-A generic thing is one that is not particularly designated or physically segregated from all others of the same class, making it part of a general category rather than a specific item.
Why is it important to distinguish between determinate and generic things in legal obligations?
-The distinction is important because the loss of a determinate thing through a fortuitous event extinguishes the obligation, whereas the loss of a generic thing does not.
What is the effect of a fortuitous event on the obligation of a determinate thing according to Article 1262 of the New Civil Code of the Philippines?
-The loss of a determinate thing through a fortuitous event extinguishes the obligation, meaning the debtor is no longer required to fulfill the obligation.
Can you give an example of a fortuitous event as described in the script?
-Yes, a fortuitous event could be a natural disaster like a typhoon, lightning, or flood, or a human act such as armed robbery or riots.
What are the elements that constitute a fortuitous event according to the script?
-The elements of a fortuitous event include the cause being independent of the debtor's will, impossibility of foreseeing or avoiding the event, and the occurrence rendering it impossible for the debtor to perform the obligation in a normal manner.
How does the principle that the genus of a thing can never perish relate to generic things in the context of obligations?
-This principle means that because a generic thing is part of a class, it cannot be completely destroyed, and thus the loss of one instance of a generic thing does not extinguish the obligation, as there are still others of the same class available.
What is the difference between an obligation to deliver a determinate thing and an obligation to deliver a generic thing when a fortuitous event occurs?
-For a determinate thing, the obligation is extinguished upon loss due to a fortuitous event, as the specific item no longer exists. For a generic thing, the obligation is not extinguished because the class of items still exists, and the debtor can fulfill the obligation with another item of the same class.
Outlines
đ Introduction to Determinate and Generic Things
The first paragraph introduces the concept of determinate and generic things in the context of law and obligations. A determinate thing is one that can be specifically designated or physically segregated from others of the same class, as per Article 1460 of the New Civil Code of the Philippines. Examples given include a specific car with unique engine and body numbers, a single wristwatch, a house with a specific address, and a horse with a unique name. In contrast, generic things are not specifically designated or segregated and belong to a general class, such as a horse, a car, or a sum of money. The importance of distinguishing between determinate and generic things is highlighted, as it affects the nature and effect of obligations and contracts.
đ Classification of Determinate and Generic Things
The second paragraph explores the classification of determinate and generic things with specific examples. A particular book on a table is determinate because it can be specifically designated. In contrast, a generic category like 'five books' is not determinate as it cannot be specifically designated from all other books. The paragraph further clarifies that the sum of money, a car with a unique plate number, and the only laptop of a person are determinate things due to their unique identifiers. However, 'one of the houses' of multiple owners is considered generic as it cannot be specifically identified. The importance of this classification is emphasized in the context of obligations, where the loss of a determinate thing through a fortuitous event can extinguish the obligation, unlike the loss of a generic thing.
đȘ Understanding Fortuitous Events and Their Impact on Obligations
The third paragraph delves into the concept of fortuitous events, which are unforeseeable and inevitable occurrences that can affect obligations. It explains that the loss of a determinate thing due to a fortuitous event extinguishes the obligation, based on the principle that the genus of a thing can never perish. Examples of fortuitous events include acts of God (like typhoons and floods) and acts of man (like armed robbery and riots). The paragraph clarifies that the event must be impossible to foresee or avoid, not just unforeseen or anticipated, to qualify as a fortuitous event. This principle is crucial in determining the effect of such events on the obligations and contracts.
đ Elements of a Fortuitous Event
The fourth paragraph outlines the elements that constitute a fortuitous event, which is crucial for understanding its impact on obligations. The elements include the cause being independent of the debtor's will, impossibility of foreseeing or avoiding the event, and the event rendering it impossible for the debtor to perform their obligation in a normal manner. The paragraph uses the example of an obligation to give a unique wristwatch, which, if lost due to a fortuitous event, would make it impossible for the debtor to fulfill the obligation, thus illustrating the practical application of the concept of fortuitous events in contractual obligations.
Mindmap
Keywords
đĄNature and Effect of Obligations
đĄDeterminate Thing
đĄGeneric Thing
đĄFortuitous Event
đĄExtinguishes the Obligation
đĄCapacity
đĄNew Civil Code of the Philippines
đĄSpecific
đĄGeneric
đĄActs of God
đĄActs of Man
Highlights
Definition of determinate thing according to Article 1460 of the New Civil Code of the Philippines.
Explanation of determinacy in terms of specific designation or physical segregation.
Example of a determinate thing: a 2020 Toyota Fortuner with specific engine and body numbers.
Example of a determinate thing: the user's only wrist watch, indicating uniqueness.
Example of a determinate thing: a house located at a specific address.
Definition of generic thing as something not particularly designated or segregated.
Example of a generic thing: a horse, not specifically designated.
Example of a generic thing: a car, not physically segregated from others.
Example of a generic thing: ten thousand pesos, a class of money not individually distinct.
Classification exercise to determine if items are determinate or generic.
Explanation of the legal importance of distinguishing between determinate and generic things.
Legal principle that the loss of a determinate thing through a fortuitous event extinguishes the obligation.
Contrasting principle that the loss of a generic thing does not extinguish the obligation.
Principle that the genus of a thing can never perish, supporting the non-extinguishment of obligations for generic things.
Definition and examples of fortuitous events, which are unforeseeable and unavoidable.
Differentiation between acts of God and acts of man as types of fortuitous events.
Elements that constitute a fortuitous event according to the law.
The cause of a fortuitous event must be independent of the debtor's will.
The impossibility of foreseeing or avoiding a fortuitous event is required by law.
The event must render it impossible for the debtor to perform their obligation in a normal manner.
Transcripts
hello and good day for today our topic
is nature and effect of obligations
since this topic in law and obligations
and contracts is too long
haha
into different parts so for today
part one
nature and effect of
obligations
first
a thing is determinate when it is
particularly designated or physically
segregated from all others of the same
class
this is article 1460
of the new civil code of the philippines
in other words capacity being
determinate thing this is
the specific thing
the second-page specific we can
particularly
designate or physically segregate it
from all others of the same class
in order for you to understand this
better let me give you examples first
2020 toyota fortuner
with engine number two three four five
six seven
body number
one two three four five six and plate
number
urv one two three
kahi tangalina engine numbers
2020 toyota fortuner with plate number
urv123
determinate why
is
toyota fortuner
this is
an example of determinate thing
next my only wrist watch
take note of the word only that means
determinate thing
next
the house located at 123
moret street sao paulo manila
this is also an example of a determinate
thing why diba isang housing number
next my horse named black
stallion this is also an example of
determinate thing
horse
on the other hand capacity have been
among generic thing
a thing is indeterminate or generic when
it is not particularly designated or
physically segregated from all others of
the same class
that means
determinate thing
i particularly designated or physically
segregated from all others of the same
class
generic thing
i
not particularly designated or
physically segregated
from all others of the same class
in other words
this thing is one of a class
hindisha a specific thing
examples of
genetic thing are horse
a car
and
ten thousand pesos
an example i a horse of course this is
not particularly designated or
physically segregated from all others of
the same class
next a car
this is also a generic thing
we cannot particularly designate or
physically segregate this car from all
others of the same
and ten thousand pesos
of course young ten thousand pesos i
generic thing
ten thousand banana piso
sang libo
500 or
100 now
100 pesos
let us try to classify the following
whether they are determinating or
genetic thing always remember
nakapaksina being determined thing
specific
genetics
of a class
let's start with number one this
particular book in my table
this particular book in my table is a
determinate thing
in a particular book a particular book
table
that's why this particular book in my
table is a determinate theme
how about number two
five books
is this a determinate thing or a genetic
thing
of course it oi genetic thing
ma segregate we cannot particularly
designate or physically segregate these
five books from
all other books
take note kahits in abijah in the five
books in accounting
[Music]
or kahit angxin abhijan i five books in
algebra
still generic thing
next
the sum of 15 000 pesos
10 000 pesos therefore this is
considered as generic thing
next the car of x with the plate number
xyz one two three
example
therefore this is considered as
determinate thing
why because there is a unique plate
number per car
for every car there is a unique plate
number
next the only laptop of y
of course is
a thing
next
one of the houses of x and y
angsavidito one of the houses is
we cannot specify that house therefore
this is classified as
genetic thing
let us now proceed to the importance of
knowing whether a thing is determinate
or
whether it is a determinate thing or
genetic thing
as a rule the loss of a determinate
thing through a fortuitous event
extinguishes the obligation
this is article 1262 of the new civil
code of the philippines
[Music]
and this is the importance of knowing
whether a thing is determinate or
genetic
again
as a general rule the loss of a
determinate thing through a fortuitous
event extinguishes the obligation
but the loss of
a genetic thing through offered to this
event does not extinguish
the obligation
[Music]
determinate thing
through offered with this event
obligation that or guy creditor hindi my
extinguished young obligation
creditor
this rule is based on the principle
that the genus of a thing can never
perish
as i said earlier diba a genetic thing
it is one of a class
and because it is one of a class it can
never perish
for example
an obligation
generic thing
now through a fortuitous event nasira
another example go on obligation
10 000 pesos
at through of for twitter's event
young 10 000 pesos on
10
pesos a generic thing
10 000 pesos throughout this event
10 000 pesos that is why the loss of a
genetic thing through africa's event
does not extinguish the obligation
because this rule is based on the
principle
that the genus of a thing can never
perish
obligation
capacity being for twitter's event this
is an event which cannot be foreseen
or which though for sin is inevitable
in other words
take note it is not enough that the
event should not have been foreseen or
anticipated but it must be one
impossible to foresee or avoid
take note of the phrase impossible to
foresee or avoid them
in the enough
foresee or a predict event
impossible to foresee or
avoid
for twitter's event may either be
acts of god or acts of man
typhoon
lightning at flood
soft
of course
armed robbery
at riots
acts of men
again a fortuitous event may either be
acts of god or acts of men
recall
that as a general rule the loss of a
determinate thing through offer to this
event extinguishes the obligation
so therefore we can say napa
indeterminate thing i know through acts
of god or acts of man
gayang earthquake typhoon war
robbery
etc
obligations
[Music]
the following are the elements of free
tweeters event the elements of a retreat
this event are first
the cause must be independent of the
debtor's will
that means yonkos
[Music]
event next
there must be impossibility of
foreseeing the event or of avoiding it
even if it can be foreseen
it is not enough
here
the occurrence of the event must be of
such character as to render it
impossible for the death or to perform
his obligation in
a normal manner
for example an obligation goal is
to give my only wrist watch
my only wrist watch is
a determinate thing
kung yung only reached watch ko i know
because
[Music]
therefore it is impossible for me to
perform
my obligation to give my only wristwatch
to you yunyun ibxabihinna
letter c the occurrence of the event
must be of such character as to render
it impossible for the debt or to perform
his obligation in
a normal manner
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