Obligations Chapter 2 part 2

Summary

The video script discusses obligations and their consequences under the law. It covers real obligations, including specific and generic objects, and the remedies available to creditors when debtors fail to perform, such as damages and specific performance. Personal obligations, both positive (to do) and negative (not to do), are also examined, highlighting the importance of timely performance and the liabilities incurred in case of delay, including exceptions where demand is unnecessary or time is of the essence.

Takeaways

• 📜 The script discusses the consequences when a debtor fails to fulfill their obligations, including potential penalties and damages as outlined in articles 1165 and 1170.
• 💸 Article 1165 states that a debtor is liable for damages, and article 1170 provides the default provision on damages in case of breach of obligations.
• 🏷️ The script differentiates between 'determinate' obligations, which involve a specific object or action, and 'generic' obligations, which can be fulfilled by any object of medium quality.
• 🔍 In the case of a determinate obligation, the obligee can demand specific performance, meaning the actual performance agreed upon, assuming the object to be delivered is already identified.
• 🔄 If the obligation is generic, the obligee can ask for the obligation to be fulfilled by a third party at the debtor's expense, but cannot demand a superior quality object.
• 🚫 The third paragraph of article 1165 clarifies that if a debtor promises to deliver a specific object to multiple parties with different interests, the loss of the object does not exempt them from liability but makes them liable for damages.
• 👤 Personal obligations are divided into positive (to do something) and negative (not to do something) obligations, each with its own set of rules and potential liabilities.
• 🎨 For positive personal obligations, the debtor must perform the task satisfactorily and in accordance with agreed terms and conditions, unless personal considerations apply, in which case additional liabilities may arise.
• 🚫 For negative personal obligations, the debtor must refrain from doing the specified action, and if they fail to do so, they may be liable for damages if the action cannot be undone.
• ⏰ Article 1169 addresses the effects of delay in fulfilling obligations, emphasizing that failure to perform on time or as agreed can be considered a breach of obligation, leading to liability for damages.
• 🕰 The script mentions exceptions to the rule of demand before delay is recognized, such as when the obligation itself dictates the timing, when time is of the essence, or when the demand would be useless.

Q & A

What are the consequences if a debtor fails to perform their obligations as per the transcript?

If a debtor fails to perform their obligations, they may face sanctions or penalties, including being liable for damages as provided in Article 1165, and additional remedies may be available to the creditor as per Article 1170.

What does Article 1165 provide regarding the debtor's liability for damages?

Article 1165 states that the debtor shall be liable for damages, which may include specific performance or fulfillment of the obligation, depending on the nature of the obligation.

What is the difference between a determinate obligation and a generic obligation in the context of the debtor's failure to deliver?

A determinate obligation involves the delivery of a specific object agreed upon, whereas a generic obligation involves an object that can be replaced with another of similar quality. The remedies available to the creditor differ based on whether the obligation is determinate or generic.

What is specific performance and when can it be demanded by the obligee?

Specific performance is when the creditor or obligee can demand the actual performance of the agreed-upon object. This is possible when the object to be delivered has already been identified and there is no other item to be delivered but that specific object.

What are the possible remedies for the obligee if the obligation is generic?

If the obligation is generic, the obligee may ask for the obligation to be complied with at the expense of the debtor, which could involve a third person performing the obligation on behalf of the debtor.

What happens if the debtor delivers an object of inferior quality in a generic obligation?

In the case of a generic obligation, the debtor cannot deliver an inferior quality object. The expenses for the performance by a third person will be shouldered by the debtor, and they may also be liable for damages due to the breach of obligation.

What is the significance of Article 1165's third paragraph regarding the loss of the object?

The third paragraph of Article 1165 states that if there is a promise to deliver the object to two or more persons with different interests, the loss of the object does not exempt the debtor from liability but makes them liable for damages.

How does Article 1167 relate to personal obligations?

Article 1167 discusses the execution of personal obligations, stating that if a person obliged to do something fails to do it, the same shall be executed at their cost, unless there are personal considerations involved.

What are the implications of personal considerations in the context of personal obligations?

Personal considerations imply that the debtor's unique skills or talents were part of the agreement. If the debtor fails to perform due to personal considerations, they may be liable for damages beyond just the cost of a third-party performance.

What does Article 1168 say about negative personal obligations?

Article 1168 addresses negative personal obligations, which are obligations not to do something. If the debtor's obligation is not to perform an act, they must refrain from doing it to avoid breaching the obligation.

What are the possible remedies if a debtor breaches a negative personal obligation?

If a debtor breaches a negative personal obligation, the remedy depends on whether the breach can be undone. If it can be undone, the debtor must undo the performance; if not, they are liable for damages.

What does Article 1169 discuss regarding the effects of delay in the performance of an obligation?

Article 1169 discusses the effects of legal delay in the performance of an obligation, which occurs when the debtor fails to perform the obligation on time or at the agreed-upon time, leading to liability for damages.

What are the exceptions to the rule that a demand is necessary before a delay in performance is considered a breach of obligation?

The exceptions include when the obligation itself provides that a demand is not necessary, when time is of the essence, when the law provides for a specific time for performance, and when a demand would be useless.

Outlines

00:00

📚 Legal Consequences of Unfulfilled Obligations

This paragraph discusses the legal repercussions when a debtor fails to meet their obligations. It references Article 1165, which states that the debtor is liable for damages as outlined in Article 1117. The debtor may also be subject to additional remedies if they do not fulfill their obligations. The paragraph distinguishes between determinate and generic obligations, explaining that for determinate obligations, the obligee can demand specific performance, while for generic obligations, the obligee can request compliance at the debtor's expense, potentially through a third party. The text also touches on the implications of delivering to multiple parties with differing interests and the concept of fortuitous events under Article 1165.

05:07

💼 Personal Obligations and Their Enforcement

Paragraph 2 delves into personal obligations, which are categorized into positive (to do) and negative (not to do) obligations. It explains that for positive obligations, the debtor is expected to perform the task as agreed upon with the creditor. If the debtor fails to do so, a third party may perform the task at the debtor's expense, unless personal considerations are involved. The paragraph provides an example of hiring an entertainer and the potential liabilities if the entertainer fails to perform. It also discusses the consequences of not performing an obligation as agreed, including the need to redo the performance or pay damages. The importance of timely performance is emphasized, with a transition to discussing the effects of delay in履行 obligations.

10:10

🎨 Artistic Performances and Their Legal Implications

This paragraph continues the discussion on personal obligations, focusing on the specifics of positive personal obligations to do, such as an artist creating a portrait. It highlights the need for the performance to be in accordance with the terms and conditions agreed upon by both parties. The paragraph provides an example where a painting does not meet the agreed-upon terms, such as the use of charcoal leading to a black and white portrait when color was expected. It also touches on the requirement for the performance to be satisfactory and efficient. The paragraph concludes with a discussion of negative personal obligations, where the debtor is obligated not to do something, and the remedies available if such an obligation is breached.

15:18

⏰ Timeliness in Obligation Performance

Paragraph 4 emphasizes the importance of timely performance of obligations. It outlines that obligations should be performed on time or within a reasonable time frame as agreed upon by the parties. The paragraph introduces Article 1169, which discusses the effects of delay in the performance of obligations. It defines legal delay as a failure to perform on time, which is considered a breach of obligation and can result in liability for damages. The paragraph also mentions exceptions to the general rule of delay, such as when the obligation itself specifies that no demand is necessary, when time is of the essence, or when a demand would be useless.

20:19

🕒 Exceptions to Delay in Obligation Performance

This paragraph further explores exceptions to the rule of delay in obligation performance. It explains scenarios where delay is considered a breach of obligation even without a demand from the creditor. These include situations where the obligation specifies a deadline, when time is a crucial factor in the agreement, or when making a demand would be pointless. The paragraph also briefly touches on the potential liability of the creditor for delay in accepting the performance of an obligation, hinting at the complexities of legal obligations and their enforcement.

Keywords

💡Debtor

A debtor is an individual or entity that owes a debt or is under an obligation to pay money or perform a service. In the video's context, the debtor's failure to perform their obligations leads to potential sanctions or penalties, which is a central theme of the video. For example, the script mentions that 'the debtor shall be liable for damages' as per article 1165, emphasizing the legal consequences of not fulfilling financial or service-related obligations.

💡Obligee

The obligee is the party to whom a debt or obligation is owed. They have the right to demand performance or compensation from the debtor. The video discusses the rights of the obligee when the debtor fails to meet their commitments, such as demanding specific performance or claiming damages, as seen when the script refers to 'the obligee can demand for specific performance'.

💡Specific Performance

Specific performance is a legal remedy that requires the exact fulfillment of a promise or obligation as stipulated in a contract. The video explains that when a debtor fails to deliver a determinate object agreed upon, the obligee can demand specific performance, meaning the actual performance of the agreed-upon task or delivery of the specific item, as illustrated in the script with the phrase 'the obligee can demand for specific performance or specific fulfillment'.

💡Damages

Damages are a monetary compensation awarded to a party who has suffered a loss due to a breach of contract or wrongful act. The video script discusses damages in the context of a debtor's failure to perform, stating that 'the debtor shall be liable for damages' and further detailing different types of damages such as those based on a penal clause or default provisions.

💡Personal Obligations

Personal obligations refer to duties that require an individual's personal performance or abstention from certain actions. The video differentiates between positive personal obligations, which involve doing something, and negative personal obligations, which involve refraining from doing something. The script mentions that 'if the debtor obligor has a positive personal obligation to do, all he has to do is of course to do that', highlighting the personal nature of these obligations.

💡Legal Delay

Legal delay refers to the failure to perform an obligation at the agreed time, which is considered a breach of contract. The video explains the consequences of legal delay, such as liability for damages, and notes that 'legal delay is the failure to perform the obligation, on time or at the time agreed upon, and is considered as a breach of obligation'. It also discusses exceptions to the need for a demand before delay is established.

💡Time is of the Essence

When 'time is of the essence', it means that the timely performance of an obligation is a critical aspect of the contract. The video script uses this term to describe situations where even without a formal demand, delay in performance is immediately considered a breach, as in the example of a wedding gown that must be delivered by a specific date for a wedding.

💡Breach of Obligation

A breach of obligation occurs when a party fails to fulfill the terms of a contract or agreement. The video emphasizes the importance of timely performance and discusses the repercussions of a breach, such as 'liability for damages' and the potential for specific performance, as mentioned in the script where it states 'if there is already a delay then, there will already be a liability for damages'.

💡Generic Object

A generic object is one that is not unique and can be replaced by another object of the same kind. The video script explains that in the case of an indeterminate or generic object, the obligee may ask for the obligation to be complied with at the debtor's expense, even by a third party, because 'the object is generic so it can be replaced with another object that is of medium quality'.

💡Fortuitous Event

A fortuitous event is an unforeseen circumstance that may excuse a party from liability for non-performance of an obligation. The video script refers to this concept when discussing article 1165, stating 'the loss of the object will not accept him from liability, but will make him liable for damages for a fortuitous event', indicating that even in the case of an unforeseen loss, the debtor may still be responsible for damages.

Highlights

Debtors failing to perform obligations incur penalties and damages as per Article 1165.

Article 1170 details the grounds for liability in cases of obligation breaches.

Creditors may avail of additional remedies for non-performance as outlined in Article 1165.

Distinguishing between determinate, specific, and generic obligations affects the available remedies.

Specific performance can be demanded when a determinate object is agreed upon.

Damages can be determined by an agreement or default provisions in Article 1170.

Generic obligations allow for third-party performance at the debtor's expense.

The quality of the object in generic obligations cannot be superior or inferior to what is agreed.

Article 1165's third paragraph addresses the liability for loss of a specific object delivered to multiple parties.

Personal obligations involve either positive actions or negative obligations not to perform.

Article 1167 stipulates that if a debtor fails to perform a positive personal obligation, it can be done by a third party at their cost.

Personal considerations in obligations may lead to additional liabilities for the debtor.

Article 1168 discusses the implications of violating a negative personal obligation not to do something.

If a negative obligation breach cannot be undone, the debtor is liable for damages.

Article 1169 outlines the effects of delay in the performance of obligations.

Legal delay is considered a breach of obligation, leading to liability for damages.

Exceptions to the demand requirement in case of delay are detailed in Article 1169.

Creditors may also be liable for delay, particularly for not accepting the performance of obligations.

Transcripts

now

what if the debtor obliger has failed to

perform his

or her obligation as we all know

there will be sanctions or there will be

penalties right and what are the

penalties so according to 1165

the debtor shall be liable for damages

as provided for in article 11

17. article 1170 guys is the cash

or provision with respect to breaches of

obligations

okay because it it actually enumerates

to us the grounds

for the liabil the grounds then

the debtor of libor will be liable for

damages but on top of that in article

1165 that no

provides for additional remedies

or additional life that the creditor

may uh may comply not comply with may

avail of if ever the obliger or the

therefore

does not perform his or her obligations

okay so

going back to the distinction between

determinate obligation real

obligation under specific real

obligation and a generic new obligation

so if the deathborn fails to deliver

the determinate object agreed upon

between

him and the obligee the the critical

obligee can demand for specific

performance or specific

fulfillment when you see specific

performance

guys this is when the creditor or the

obliger

can demand the actual performance

[Music]

this is possible because anyway we have

already identified the object to be

delivered and take note

that there is no other item that will be

delivered but

that object or that item has agreed upon

okay you can also

damages

now the damages here depends if there is

an agreement

as to how much will the damages be

according to obligations for the penal

clause

or it can just be based on article 1170

the default provision on

damage is determinant

and option what if generic

and object

so what are the remedies of our obligee

creditor here so according to 1165

if this thing is indeterminate or

generic

he may ask for that that the obligation

be complied with

at the expense of that death

that means he can ask a third

person a stranger to their agreement

to perform the obligation on behalf

of that debtor this is possible guys

we're denisia because again the object

is

generic so it can be replaced

with another object that is

middle quality or medium quality that in

this case

the creditor obliges cannot demand for a

superior quality

and the obligor death or cannot also

deliver

an inferior quality

obligation to deliver the object a woman

who delivers the debt or

any generic money economy

but in this case the expenses

for the performance of the third person

will of course

be done by the or will be shouldered

by the death or so on top of the damages

because of

risk of obligation if let's say i'm not

me creditor

for that higher price because that is

part of his liability or

penalty for committing a breach of

obligation okay and according to the

third paragraph of article

1165 if ever there is

a promise or the delay and a promise to

deliver the object to two or more

persons who have different interests the

loss of the object will not make him

liable

and in fact he will the loss of the

object will not accept him from

liability

but will make him liable for damages

the third paragraph guys of article 1165

is applicable only to a determinate or

specific object because

there can be no loss of a generic

object again right because genus never

perishes okay but it delivered to two or

more persons

so only one could really acquire the

object while the other will suffer that

that loss

so there will be a liability for a

fortuitous event anyway we'll discuss

for twitter's event when we go to

article 11

74. so 11 65

the remedies of our creditor when the

debtor fails to perform his

real obligation or the obligation to

give okay so that's for real obligations

now let's proceed to the personal

obligations guys personal obligation

positive

to do or the personal obligation

negative

the obligation not to do

so here this is now a performance guild

of an

act or the doing of a thing okay

so with respect to personal obligations

according to 1167 article 1160

if the debtor obligor has a

positive personal obligation to do

all he has to do is of course to do that

up

satisfactory manner or in accordance to

the specifications to the terms and

conditions

that he has he or she has agreed with

the creditor or the obligee so in 67

67 if a person obliged to do something

fails to do it then the same shall be

executed

at his costs

okay so a third person can do it at the

cost

of the obligor debtor but in this

paragraph guys please take note that

although a third person can perform

that for the death or at the cost

of the death or this will not be

applicable though or this will not be

available

if ever there were personal

considerations

on the part of that death or meaning if

their

that the debtors uh talent or the

debtor's skills

were part of the considerations of the

creditor why

he or she hired that particular person

okay i'll give you a situation let's say

i'm holding a party

i'm a party and then

i need entertainers for my for my guess

that while my guests are eating dinner

or eating lunch now i'm at kantakanta

during my party

so i hired sarah geronimo

because i want my party to be the best i

want my party to be there really the top

of the town

i have no other than the pop star

uh princess and i'm one of the most

admired

women in the philippines as my guest

during my as my entertainer during my

party so i'm on

consideration just any entertainer or

just any singer

but i really hired sarah because she is

the sarah geronimo now if

ever sarah does not go to my party does

not attend

to my party and does not

but in this case

will not just be liable to pay for the

for the pf or the professional fee

of that replacement singer but sarya

will also be liable good for damages

for the injury that she has caused me

for failing to attend my party

well i have already informed my guest

that

uh he or she will be the one

entertaining at my

dinner party

but if there are personal considerations

there will be more

liability on the part of the detour or

obligor okay what else in personal

obligations to do positive personal

obligations to do

the obligation has to be performed

in accordance due to the terms and

conditions agreed upon

the specific terms and conditions that

we have agreed

upon for example i hired a certain

artist

to make my um

my uh what you call this a picture

let's say a picture of me

okay now

that the painting must be

in accordance consistent with my

personality now the death or

the old bligor has really made my my

picture

but he used a charcoal

and because he used charcoal it was in

black and white

and i don't like black

accordance to the terms and conditions

agreed upon

by the two of us okay next

that death or obliger should also

perform

the obligation in a satisfactory manner

in a good

manner not poorly done

or not in a poor performance

[Music]

level it just so happened you were not

in a good mood at the time of the party

[Music]

in case of breach of obligation so if

there was

not no performance

it can be performed by a third person

except if of course there are

personal considerations agreed upon

if ever it was done

to the terms and conditions agreed upon

or not in accordance with the terms and

conditions agreed upon

then it has to be uh performed again

it has to be re-do redone

uh i mean that the the obligor

that or has to redo the performance

and in the third situation

this time it has to be done in a

satisfactory or

in an efficient manner

that is in positive personal

obligation how about a negative

personal obligation the obligation not

to do in article we have article 1168

now guys so in article 1168

if the dapper's obligation is not to do

a thing then he has nothing to do don't

do

it because the doing of the thing could

constitutes

as a breach of obligation

then don't do it now what is

that what will be the remedy of the

detour or the creditor

then if it can be undone

then or uh undo

any perform but if it cannot be undone

anymore

then let it be where in the death or

obligatory will be liable

for damages for example

you are committing a violation of your

negative

personal obligation not to do

so in that case

because you violated your obligation not

to do

now what if let's say for example

but we cannot undo it anymore so in this

time or this case

he will just be liable for damages for a

breach of

obligation okay so positive

personal obligation to do and negative

personal

obligation not to do okay

so when you are bound to perform your

obligation guys

whether it is a real obligation or the

obligation to give

or a personal obligation whether

positive personal obligation to do

or a negative personal obligation not to

do

the law requires you to perform the

obligation

on time part of your performance of the

obligation

is the doing or the performance of that

obligation at that time agreed

upon or if there's no time agreed upon

then within

a reasonable time case-to-gay

basis know the reasonableness of the

time but the thing is

you have to do it on time right so

there is no uh way or there should be no

delay

on your part in the performance of that

obligation now what if what if

what kaka performed on time what

if there is a delay on your part in the

performance

of your obligation so what will happen

if ever there is a delay so now let's

proceed to

article 1169 so article 1169

guys discusses to us the effects

of delay in the performance of

that obligation but please take note

that the delay that we are talking to

here

is what we call the legal delay

there are two kinds of delays we have

the

ordinary delay the ordinary delay that

which is

just the failure to perform the

obligation at the time

agreed upon and second is

legal delay legal delay is the failure

to perform the obligation

on time or at the time agreed upon

and is considered as a breach

of obligation and because it's a bridge

of obligation then there will be

liability for

damages based on the nature of the

obligation as

a juridical necessity right again

delay so there should be performance

of the obligation on time or

at the time agreed upon by the parties

but

there will be a delay guys in article

1169

there will be a delay

for the performance of the obligation

and the debtor or the obliger did not

perform the obligation

after the demand in such case

there is already a delay

and if there is already a delay then

there will already be a liability

for damages however

that is only the general rule

no delay if there's no demand if only

a rule because there are exceptions

when you say exceptions there will still

be a delay

even if there is no deny

it

so what are those exceptions no more

need of

a demand so enumerated in article 1169

the following one when the obligation

already so provides that the demand is

no longer

necessary for example

the parties agreed

and then the

income

with respect to the payment of income

taxes it should be

paid on or before april 15

of the following year so for income

taxes for the year 2020

on or before april 15 2021.

well

because you are already bound to know

you are already deemed

to know that you are liable to pay your

obligation for the taxes on or before

april 15 of the following year

okay next when time is of

the essence time is of the essence

time was already part of the

consideration of your

obligation to perform okay for example

i ordered a wedding god

on or before october 25th

on october 25

that's october 25 so if you cannot

deliver it on october 25

then there is already a delay on his

part

and wedding gown on the wedding day on

october 25 okay next uh

exception when the demand would be

useless a useless

object now what me are not delivered so

for example

because who would still

okay so in this instance says guys even

if there's no demand

the debtor or the obliger will still be

in delay and the delay is already a

breach

of obligation but mind you that the

creditor may

also be liable for delay

depending on the person who is in delay

the one that we have discussed is

[Applause]

or the delay on the part of the creditor

to accept the performance of

the obligation so when can there be a

delay on the part of the creditor

so for example

who earned

[Music]

[Applause]

there is a delay when there is a demand

no

demand no delay except when the

obligation

already provides when the law so

provides

when time is of the essence and if

the demand would already be useless

okay