Nature and Effect of Obligations (Part 3)
Summary
TLDRThis video script delves into the remedies available to creditors when debtors fail to fulfill their obligations under the Philippine Civil Code. It covers scenarios where a debtor does not deliver a determinate or generic thing, fails to perform or poorly executes obligations to do, and when they contravene forbidden actions. The script explains the legal recourses, including compelling delivery, demanding damages, and undoing actions at the debtor's expense, as outlined in Articles 1165, 1167, and 1168.
Takeaways
- 📚 The discussion is a continuation on the topic of 'nature and effect of obligations', specifically focusing on remedies available to creditors when debtors fail to fulfill their obligations.
- 🚫 If a debtor fails to deliver a determinate or specific thing, the creditor can compel delivery and demand damages as per Article 1165 and Article 1117.
- 🔍 The concept of 'damages' refers to compensation for harm done, which can be monetary reparation for the harm suffered.
- 🛑 In cases where the debtor fails to deliver a generic thing, the creditor can request compliance at the debtor's expense and also demand damages, under Articles 1165 and 1170.
- 🔨 When a debtor fails to perform an obligation to do, or does it in contravention of the terms, the creditor can have the obligation executed at the debtor's expense and demand damages, as outlined in Article 1167 and Article 1170.
- 🛠️ An example given is a debtor obligated to construct a fence; if not done properly, the creditor can have it redone at the debtor's expense and seek damages.
- 🚫 If a debtor performs an obligation poorly, such as constructing a fence with improper alignment or substandard materials, the creditor can have it demolished and redone at the debtor's expense, and also claim damages.
- 🚷 When a debtor does something that has been explicitly forbidden, like constructing a fence in violation of an agreement, the creditor can demand the action be undone at the debtor's expense and claim damages, as per Article 1168.
- 🚧 The script uses the example of a right of way agreement where the debtor constructs a forbidden fence, and the creditor's rights to demand its removal and damages.
- 🏛️ The discussion is based on the New Civil Code of the Philippines, emphasizing the legal framework for creditor's remedies in cases of unfulfilled obligations.
Q & A
What is the main topic of the video script?
-The main topic of the video script is the discussion of the remedies available to a creditor when a debtor fails to perform their obligations under various circumstances, as outlined in the Philippine Civil Code.
What are the remedies for a creditor if the debtor fails to deliver a determinate thing?
-The remedies for a creditor in this case are to compel the debtor to make the delivery and to demand damages from the debtor, as per Articles 1165 and 1117 of the Philippine Civil Code.
Can you provide an example of a determinate thing in the context of the script?
-An example of a determinate thing is a specific car that D is obliged to give to C on a due date. If D fails to deliver the car, C can compel D to deliver it and demand damages.
What are the remedies if the debtor fails to deliver a generic thing?
-The remedies include asking that the obligation be complied with at the debtor's expense and demanding damages from the debtor, according to Articles 1165 and 1170.
How does the script differentiate between a determinate thing and a generic thing?
-A determinate thing is a specific item, while a generic thing refers to a category of items that can be replaced by similar items. The remedies and legal articles applicable differ based on whether the thing is determinate or generic.
What are the remedies if the debtor fails to perform an obligation to do?
-The creditor may have the obligation executed at the debtor's expense and may also demand damages from the debtor, as per Articles 1167 and 1170.
Can you give an example of an obligation to do as mentioned in the script?
-An example is when D is obliged to construct a hollow block fence for C, with specific measurements and conditions. If D fails to perform this obligation, C can have the fence constructed at D's expense.
What happens if the debtor performs the obligation but does it poorly?
-The creditor may have the same undone at the debtor's expense and may also demand damages from the debtor, under Articles 1167 and 1170.
Can you provide an example of a poorly performed obligation in the script?
-An example is when D constructs a fence but does not follow the agreed measurements, finishes it poorly, and uses substandard materials. C can have the fence demolished and reconstructed at D's expense and demand damages.
What are the remedies if the debtor does something that has been forbidden by the agreement?
-The creditor may demand that what has been done be undone and may also demand damages from the debtor, as per Article 1168.
Can you provide an example of a forbidden action from the script?
-An example is when D constructs a fence between B's lot and the road, violating an agreement that prohibited such construction for a 10-year period. B can demand the removal of the fence at D's expense and also demand damages.
Outlines
📚 Remedies for Debtor's Failure to Deliver a Determinate Thing
This paragraph discusses the legal remedies available to a creditor when a debtor fails to deliver a specific, determinate thing as per their obligation. The creditor can compel the debtor to fulfill the delivery and also demand compensation for damages under Articles 1165 and 1117. An example is given where a debtor is obligated to deliver a specific car, and fails to do so, allowing the creditor to enforce delivery and seek damages.
🛠 Remedies for Debtor's Failure to Deliver a Generic Thing
The paragraph explains the creditor's recourse when a debtor does not fulfill the obligation to deliver a generic thing. The creditor can request that the obligation be met at the debtor's expense and can also claim damages under Articles 1165 and 1170. An illustration is provided where a debtor is supposed to deliver five sacks of rice but fails to do so, enabling the creditor to acquire the rice from alternative sources at the debtor's cost, in addition to demanding damages.
🚧 Remedies for Failure or Poor Execution of 'Obligations to Do'
This section covers the options for a creditor when a debtor either fails to perform an 'obligation to do' or carries it out poorly, contravening the terms of the agreement. The creditor can enforce the obligation to be executed at the debtor's expense and demand damages under Articles 1167 and 1170. Examples include a debtor constructing a fence that does not meet the agreed specifications, allowing the creditor to have it redone at the debtor's cost and to seek damages.
🚫 Remedies for Debtor's Action Against Prohibition
The final paragraph addresses the situation where a debtor undertakes an action that has been explicitly forbidden by the agreement. The creditor has the right to demand the reversal of the action and to claim damages under Article 1168. A scenario is presented where a debtor constructs a fence in violation of a no-construction agreement, leading the creditor to demand its removal at the debtor's expense and to seek compensation for damages.
Mindmap
Keywords
💡Obligations
💡Remedies
💡Determinate Thing
💡Generic Thing
💡Damages
💡Tenor of the Obligation
💡Performance of Obligation
💡Right of Way
💡Involuntary Servitude
💡New Civil Code of the Philippines
Highlights
Continuation of the discussion on the nature and effect of obligations, focusing on remedies for the creditor.
Exploration of remedies when a debtor fails to deliver a determinate or specific thing, referencing Article 1165 and 1117.
The right of the creditor to compel delivery and to demand damages for non-performance of a specific obligation.
Explanation of 'damages' in the context of harm done and monetary reparation.
Illustrative example involving a debtor's failure to deliver a specific car, highlighting the creditor's remedies.
Discussion on the remedies for the creditor when the debtor fails to deliver a generic thing, citing Articles 1165 and 1170.
The creditor's option to have the obligation complied with at the debtor's expense and to demand damages for generic obligations.
Example of a debtor's failure to deliver a specified quantity of rice, outlining the creditor's recourse.
Analysis of the debtor's failure to perform obligations to do, or perform poorly, and the creditor's rights under Articles 1167 and 1170.
The creditor's ability to have the obligation executed at the debtor's expense and to claim damages for poor performance.
Example involving a debtor constructing a fence not in accordance with agreed measurements, and the creditor's recourse.
Clarification that the creditor cannot compel the debtor to perform the obligation due to the right against involuntary servitude.
Remedies when the debtor performs the obligation poorly, including the right to have the work redone at the debtor's expense.
Example of a debtor constructing a fence with poor alignment and substandard materials, and the creditor's options.
Discussion on the debtor's actions that contravene the agreement and the creditor's rights under Article 1168.
The creditor's right to demand undoing of actions that have been forbidden, along with the right to claim damages.
Example of a debtor constructing a fence in violation of an agreement, and the creditor's ability to demand removal at the debtor's expense.
Transcripts
hello and good day
today we will continue the discussion in
nature and
effect of obligations this is actually
part three
of the nature and effect of obligations
so without further ado let's start
today i'm going to discuss the remedies
of
the creditor there are some cases
nakonsa
and hindina perform nagdet
today what are the remedies of the
creditor
if the debtor fails to perform his
obligation to deliver a determinate
thing
what are the remedies of the creditor
if the debtor fails to perform his
obligation to deliver
a genetic thing what are the remedies
of the creditor if the debtor fails to
perform its obligation
in obligations to do
and what are the remedies of the
creditor
if the debt or does what has been
forbidden him
let's start with number one if the
debtor fails to perform his obligation
to deliver a determinate thing
the remedies of the creditor are to
compel
the debtor to make the delivery
and to demand damages from the debtor
these are article 1165 and article 1117
respectively take note that
the thing here is determinate thing or
a specific thing in case
hindi na perform nidat
specific thing or determinate thing
aside from that magda demand then
secretary damages sky dettor
when we say damages
this refer to the harm done and the sum
of
money that may be recovered in
reparation for
the harm done
meaning
let's have an example d
is obliged to give c a specific
car on due date c
demands delivery but d does not
deliver an obligation
indeed i
to deliver a specific car to sea
young
indeed in the liver specific car
in this example it is clear that the
detour
fails to perform his obligation to
deliver
a determinate thing or a specific thing
in this case c can compel
d to deliver the car
and aside from that c can also demand
payment of damages from
the debtor or
from d
next if the debtor fails to perform his
obligation
to deliver a genetic thing the remedies
of the creditor
are to ask that the obligation be
complied with
at the expense of the debtor and to
demand damages
from the detour these are articles
1165 and 1170
respectively
take note that the thing here is
generic thing kanina determinating
genetic thing in case the hindina
performed
that or uncanny obligation they deliver
an genetic thing again the the creditor
i to ask that the obligation
be complied with at the expense of
the debtor meaning to say gustos
nidatore aside from that
to demand damages from the detour
magda de manden damages secretary
dettor let's have an
example d is obliged to deliver five
sacks of rice
to sea d does not perform his obligation
on jew date upon cease demand
jung five sacks of rice yan i generic
thing
an obligation i
deliver young five sacks
of rice yung
[Music]
of rice so it is clear
that the detour fails to perform his
obligation
to deliver a genetic thing
in this case c can obtain
five sacks of rice from other sources
at the expense of d
wedding going ian nickraditor
generic thing pudding replace
five sacks of rice from other sources
secretary
or cc pero
gastos knee d
aside from that c can also ask
for damages from d
next if the debtor fails to perform his
obligation and obligations to do
under this we have to
if the debtor fails to perform the
obligation
or performs it but contravenes the 10 or
they're off
and if the debtor performs the
obligation
but does it poorly
if the debtor fails to perform the
obligation
or performs it but contravenes the ten
or thereof
the creditor may have the obligation
executed
at the expense of the debtor and he may
also demand
damages from the debtor these are
article 1167 and article 1170
of the new civil code of the philippines
marantayan kinatawak beaten a
contravention of the tenor of the
obligation
capacity being contravention of the
tenor of the obligation
it in violation of the terms and
conditions
of the obligation
kapaging deep in their form or uncanny
obligation to do or formula
contravention of the planner of the
obligation
the creditor may have the obligation
executed at the expense of the debtor
meaning to say augusto cinema dettor and
aside from that he may also demand
damages
from the detour let's have an
example d is obliged
to construct a hollow block fans foresee
by agreement the fence will be 2 meters
high
and 10 meters long fine finished
and painted
dee does not perform his obligation upon
cease demand in this example
the obligation is obligation to do
because an obligation id is to construct
a hollow block fence
for
and at the same time painted
form
it is clear that the debtor fails to
perform
the obligation to do
in this case c can ask
another person to or he himself
may construct the fence at the expense
of d
[Music]
aside from that c can also ask
for damages from d
take note c cannot compel
d to perform the obligation
hindinia pueden per
[Music]
c c n right needy and that
right is right against
involuntary servitude
if d constructs the fence but did not
follow the measurements
agreed upon c will have
the same rights
obligation construct
two meters high at 10 meters long
so it is it is clear an american
contravention
of the tenor of the obligation
kapagmeron contravention of the tenor of
the obligation
cc meronshang same rights
next b if the debtor performs the
obligation
but does it poorly the creditor may have
the same be undone
at that debtors expense and the creditor
may also demand damages
from the debtor these are article 1167
and article 1170 of the new civil code
of the philippines
kapagpin reform needed obligations
the creditor may have the same be undone
at that or
expense gastosnee debtor
and aside from that the creditor may
also demand
damages from the debtor let's have an
example d is obliged
to construct a hollow block fence for
sea
by agreement the fence will be 2 meters
high
and 10 meters long fine finished
and painted
deconstructs the fence following the
measurements
but it was not properly aligned the
finishing was
rough and materials used were
sub standard as you can see
measurements
hindi properly aligned them
it was not fine finished
and at the same time you named the
materials
i sub standard
it is clear that the debtor performs the
obligation
but does it poorly so on on gaga in the
sea
c can have the fans be demolished
by another person or even by himself
at this expense
so pueden demolish
aside from that c can also demand
damages from d
next if the debtor does what has been
forbidden him
the creditor may demand that what has
been done be undone
and he may also demand damages from the
detour
this is article 1168 of the new civil
code of
the philippines dito
[Music]
in this case the creditor may demand
that what has been done be undone
and he may also demand damages from
the detour let's have an
example b bought a formula
from s however the only access from the
road to b slot
is the lot of b so b entered into a
contract with d
for a right of way over a period of 10
years
and paid a sum therefore it was agreed
that for the duration of the contract d
would not construct any fence between
b slot and his some time thereafter
however
deconstructed offense in violation of
the agreement as you can see
in this example ginawani dettor
young hindi adapt the win
based on their agreement they would not
construct any fence
between b slot and his slot
for the duration of the contract
but thee does what has been forbidden
him
not constructed fence in violation
of their agreement
so anon gagawini beam b
may demand that the remove the fence
at this expense
because that is a violation
of the agreement between b and
d of course
gusto cinema
aside from that b
can also demand four damages
from d
関連動画をさらに表示
Part 2. Nature and Effects of Obligations. Detailed Explanations with Examples on Art. 1165 -1168.
Obligations Chapter 2 part 2
Part 1. Nature and Effects of Obligations. Obligations and Contracts.
Obligations Chapter 2 part 3
Obligations Chapter 2 part 1
Diritto Privato per Economia - Cap. 11 Il Rapporto Obbligatorio
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