Part 2. Nature and Effects of Obligations. Detailed Explanations with Examples on Art. 1165 -1168.

Summary

This lecture explores the nature and effects of obligations, focusing on the rights of creditors when obligations are breached. It discusses the implications of Article 1170, detailing the debtor's liability for damages due to fraud, negligence, delay, or contravention of obligations. The lecture differentiates between obligations to deliver determinate and indeterminate things, explaining the creditor's right to compel delivery or seek substituted performance at the debtor's expense. It also addresses the consequences of a debtor promising the same determinate thing to multiple persons and the debtor's responsibility in the event of fortuitous events. The video concludes with a discussion of the remedies available to creditors, including specific performance, equivalent performance, and substituted performance.

Takeaways

• 📚 Article 1165 discusses the nature and effects of obligations, specifically focusing on the creditor's rights when the debtor fails to deliver a determinate thing.
• 📖 Article 1170 holds the debtor liable for damages in cases of fraud, negligence, delay, or contravention of the obligation's terms.
• 🚸 The creditor has the right to compel the debtor to make delivery of a specific thing, as outlined in the first paragraph of Article 1165.
• 🔄 If the thing to be delivered is indeterminate or generic, the creditor may request the obligation to be complied with at the debtor's expense, known as substituted performance.
• ⏰ The third paragraph of Article 1165 addresses the debtor's responsibility for fortuitous events until delivery is affected, with exceptions for specific circumstances.
• 🌪 Fortuitous events, such as natural disasters or acts of war, generally do not exempt the debtor from responsibility unless under certain conditions.
• 📉 The difference between ordinary delay and legal delay (in default or mora) is highlighted, with the latter involving a failure to perform an obligation on time after a demand has been made.
• 🛠️ Article 1167 covers positive personal obligations, allowing the creditor to demand the obligation be performed at the debtor's cost or to claim damages if not done properly.
• 🚫 Article 1168 pertains to negative personal obligations, where if the obligor does what is forbidden, it must be undone at their expense.
• 🏠 Specific performance is not available for personal obligations due to the constitutional prohibition against involuntary servitude; damages are the typical remedy.

Q & A

What does Article 1170 provide regarding the liability of a debtor?

Article 1170 provides that the debtor will be liable for damages if they are guilty of fraud, negligence, delay, or if they contravene the tenor of their obligations.

What is the difference between an obligation to deliver a determinate thing and a generic thing?

An obligation to deliver a determinate thing refers to a specific, identifiable item that must be delivered, whereas a generic thing refers to a type of item that does not need to be specific or unique. The creditor can compel the debtor to deliver a determinate thing, but for a generic thing, the obligation can be complied with at the expense of the debtor, potentially by a third party.

What is the legal term for when a debtor fails to deliver a determinate thing to multiple persons with different interests?

When a debtor fails to deliver a determinate thing to multiple persons with different interests, it is referred to as a 'fortituous event,' which does not exempt the debtor from responsibility until delivery is affected.

What is the difference between ordinary delay and legal delay (in default or mora)?

Ordinary delay is the failure to perform an obligation on time, while legal delay, or mora, is the failure to perform the obligation on time after a demand has been made for its performance and the debtor has not complied.

What are the remedies available to a creditor when a debtor fails to perform an obligation under Article 1167?

Under Article 1167, if a debtor fails to perform an obligation, the creditor can have the obligation performed by another at the debtor's expense or recover damages. If the debtor performs the obligation poorly or contrary to the agreement, the creditor can also demand that it be undone at the debtor's expense and claim damages.

How does Article 1168 differ from Article 1167 in terms of obligations?

Article 1168 deals with negative personal obligations, where the debtor is obliged not to do something. If the debtor does what has been forbidden, it must be undone at their expense. Article 1167, on the other hand, deals with positive personal obligations where the debtor is obliged to do something.

What is the concept of 'substituted performance' as mentioned in the script?

Substituted performance refers to a situation where the obligation is fulfilled by someone else or through some other means, at the expense of the debtor. This is an option when the obligation is to deliver a generic thing or when specific performance is not feasible due to the nature of the obligation.

Why is specific performance not available in obligations to do or not to do?

Specific performance is not available in obligations to do or not to do because enforcing it would amount to involuntary servitude, which is prohibited under the constitution.

What happens if a debtor is obligated to deliver the same determinate thing to two or more persons with different interests?

If a debtor is obligated to deliver the same determinate thing to two or more persons with different interests, they remain liable even if a fortituous event occurs, as they cannot fulfill the obligation to both parties.

What is the significance of the term 'equivalent performance' in the context of obligations?

Equivalent performance refers to the payment of damages as a remedy when specific performance is not available or appropriate, such as in personal obligations where the debtor's personal action is required.

Outlines

00:00

📜 Legal Obligations and Remedies for Specific Deliveries

This paragraph delves into the nature and effects of obligations, focusing on the third item of discussion, with the last item reserved for the next video. It discusses Article 1165 and the creditor's rights, particularly when the deliverable is a determinate thing. The debtor can be compelled to make delivery, and if there's a violation, the creditor can demand damages as per Article 1170. The video also differentiates between obligations to deliver specific and generic things, explaining the concept of substituted performance and the debtor's responsibility for fortuitous events until delivery is affected.

05:02

🌪 Fortuitous Events and Legal Delays in Obligations

Paragraph 2 continues the discussion on obligations, specifically addressing the impact of fortuitous events and legal delays. It explains that a fortuitous event, or act of God, does not exempt a debtor from responsibility unless certain conditions are met. The paragraph distinguishes between ordinary delay and legal delay (default or mora), emphasizing that legal delay occurs when there's a failure to perform an obligation on time after a demand has been made. The example of Foggy and Ganda is used to illustrate how a fortuitous event like an earthquake affects liability in the context of a car delivery obligation.

10:03

🛠️ Remedies for Unfulfilled and Poorly Executed Obligations

Paragraph 3 explores Article 1167, which outlines the consequences when a person fails to fulfill an obligation, performs it contrary to the agreement, or does it poorly. The creditor has the right to have the obligation performed by another at the debtor's expense or to recover damages. The paragraph also touches on the concept of personal obligations, where specific performance is not allowed due to constitutional prohibitions against involuntary servitude. Instead, damages are the typical remedy. Examples are provided to illustrate these scenarios, including the case of a typewriter repair and the construction of a house.

15:05

🚫 Negative Personal Obligations and Their Enforcement

The final paragraph discusses Article 1168, which pertains to negative personal obligations, where the debtor is forbidden from doing something. If the debtor violates this prohibition, the action must be undone at their expense. An example is given where Ganda constructs a fence in violation of an agreement, and Foggy can take action to have it removed at Ganda's expense. The paragraph concludes with a summary of the remedies available to creditors in obligations to give, to do, and not to do, emphasizing that specific performance is not available in personal obligations due to constitutional restrictions, and the focus is on equivalent performance or damages.

Keywords

💡Obligation

An obligation refers to a legal duty or responsibility one owes to another party, often arising from a contract or legal agreement. In the video, obligations are central to the discussion, with various types and their implications being explored. For instance, the video discusses the obligations of a debtor to deliver a determinate thing, which is a specific item agreed upon in a contract.

💡Creditor

A creditor is a person or entity to whom money is owed, often in the context of a loan or a contractual agreement. The video script mentions the rights of a creditor, such as the right to compel a debtor to make a delivery or to demand damages in case of a breach of obligation.

💡Debtor

A debtor is a person or entity that owes a debt or is under an obligation to another party. The video discusses the responsibilities of a debtor, including the potential consequences of failing to fulfill obligations, such as being compelled to make a delivery or being held liable for damages.

💡Specific Performance

Specific performance is a legal remedy that requires a party to fulfill their promise or contractual obligation, often when monetary damages are insufficient. The video explains that specific performance is an option for a creditor when a debtor fails to deliver a determinate thing, as seen in the example where a creditor can compel a debtor to deliver a specific car.

💡Substituted Performance

Substituted performance occurs when a third party is engaged to fulfill an obligation on behalf of the original debtor, at the debtor's expense. The video script uses the example of delivering 100 sacks of rice, where the debtor can be compelled to have the delivery made by another person at their cost if they fail to do so themselves.

💡Fortuitous Event

A fortuitous event, also known as force majeure, is an unforeseen circumstance or an act of God that prevents a party from fulfilling a contract. The video explains that such events do not exempt a debtor from responsibility unless specific conditions are met, such as when a debtor has already delayed or promised the same thing to multiple parties.

💡Delay

In the context of the video, delay refers to the failure to perform an obligation within the agreed-upon timeframe. The video distinguishes between ordinary delay, which is simply being late, and legal delay or mora, which is a failure to perform after a demand has been made and is considered a breach of the obligation.

💡Breach of Obligation

A breach of obligation occurs when a party fails to fulfill their part of a contract or legal agreement. The video discusses how a breach can lead to the creditor seeking damages or other remedies, such as specific performance or substituted performance.

💡Damages

Damages are a form of compensation awarded to a party who has suffered a loss due to a breach of contract or other legal wrong. The video script explains that if a debtor fails to perform an obligation or performs it poorly, the creditor may seek damages as a remedy.

💡Personal Obligation

A personal obligation is a duty that requires a specific individual to perform a certain act or refrain from doing so. The video differentiates between positive personal obligations (to do something) and negative personal obligations (not to do something), and discusses the implications of failing to meet these obligations.

Highlights

The nature and effects of obligations are discussed, focusing on the third item with the last item to be covered in the next video.

Article 1165 is introduced, detailing the creditor's rights when the debtor fails to deliver a determinate thing.

Article 1170 is mentioned, which holds the debtor liable for damages in cases of fraud, negligence, delay, or contravention of obligations.

The creditor has the right to compel the debtor to make delivery, as explained with reference to specific performance.

A scenario is presented where Foggy is obliged to deliver his only car to Ganda, illustrating the application of specific performance.

The difference between obligations to deliver a specific thing versus a generic thing is explained, with the latter allowing for substituted performance.

An example of substituted performance is given, where Foggy is obliged to deliver 100 sacks of rice, which can be done by a third party at his expense.

The concept of fortuitous events and their impact on the debtor's responsibility is discussed, with exceptions for specific and determinate obligations.

The term 'fortuitous event' is defined, including its application in cases of natural occurrences like earthquakes or man-made forces like war.

The distinction between ordinary delay and legal delay (in default or mora) is clarified, with examples to illustrate the consequences of each.

Article 1167 is discussed, outlining the creditor's remedies when the debtor fails to perform an obligation, performs contrary to the terms, or performs poorly.

The case of Travis versus Gonzalez is used to illustrate the application of Article 1167, where the repairman is held liable for damages.

The limitation of specific performance in personal obligations is explained, due to the prohibition of involuntary servitude.

Article 1168 is introduced, paralleling Article 1167 but focusing on negative personal obligations, such as not building a fence on specified land.

A summary of the remedies available to the creditor in obligations to give, to do, and not to do is provided, emphasizing the importance of specific and substituted performance, as well as damages.

Transcripts

nature and effects of obligations

nothing on item one and two now we will

be discussing the third item

the last item will be discussed in our

next video

and like last time magnificating short

summary of our discussion

at the end of this lecture but before we

begin

previous videos

para

article 1165 so let's tackle first

the first paragraph when what is to be

delivered is a determinate thing

the creditor in addition to the right

granted him by article 1170

compel the debtor to make the delivery

well

diane mentioned on article 1170 but we

will be discussing this thoroughly on

our next video for now it's

enough to just say that article 1170

provides that

the detour will be liable for damages if

he is guilty of

fraud negligence delay or if he

contravenes the tenor of his obligations

so pogba's validations and breach of

obligations

say that non-damages

article 1170 so meaning this provision

is actually telling us that your

creditor

could pass to demand for damages

if ever my violation's obligation has

also the right

to compel the debtor to make the

delivery

liba as discussed previously in an

obligation to deliver a determinate

thing or a specific

thing a misnomer specific saying

whatever it

is

just to compel him to perform the

obligation

as a creditor i'm adding mcfarland

before the court and the court will be

the one to compel

to order the delivery the creditor i've

wedding mug file

for specific performance parama compels

the data to make delivery okay

specific performance issan madalen

foggy obliged himself to deliver to

ganda his

only car on december 25

so pagating on december 25 ganda now has

the right to

demand tokoge and i deliver young

kanyangkar that's it

so let's proceed to the second paragraph

of article 65 if the thing is

indeterminate or generic

he may ask that the obligation be

complied with at the expense of the

better

this is why we need to differentiate an

obligation to give specific

thing from generic thing is generic

thing

it is not necessary for the creditor to

compel the debtor to make

delivery although he has an option to

ask

for specific performance pero dito

he may ask that the obligation be

complied with

at the expense of the debtor

meaning it can be done by someone else

at the expense of the debtor this is

actually what we called

substituted performance example

foggy obliged himself to deliver to

ganda

100 sacks of rice on december 25

for 50 000 passes now

if on december 25 in addition to

delivering

100 sacks of rice kai ganda sigandai

pudding mummy lena 100

sucks sky beauty a third person at the

expense of

foggy little see beauty and make

believer now 100 sacks of rice

meaning substituted performance at the

expense of

foggy that's it let's proceed with the

last

sentence if the obliger delays or has

promised

to deliver the same thing to two or more

persons

who do not have the same interest he

shall be responsible for any fortituous

event

until he has affected the delivery

the third paragraph only gives two

instances when fortitude's event

does not exempt the death or from

responsibility

hence it likewise refers to an

obligation to deliver a determinate or

specific thing as a rule to say

a generic thing cannot be an object of

destruction by 42's event

we will be discussing 42's event in

detail when we reach

article 1174 which will be covered in

the next video

but for now it is event

will not exempt the death or sakhanyan

responsibility

but before that and but unfortunate

event

as defined a fortune event

is an unforeseen event or

if foreseen inevitable

it is also called an act of god

if it is due to a natural occurrence

like an earthquake

and force mayuri is caused by

man like war okay so malino nakano

unfortunately

da hinza unforeseen or inevitable event

just take for example the one that i

have posted in

my page foggy obliged himself to deliver

to ganda his one and only car

before delivery an earthquake destroys

completely the car

is foggy still obliged to deliver a car

to ganda

so if prior to delivery the car on an

earthquake

and because of that nasira

earthquake which is no doubt a fortitude

event foggy will not be responsible

that is a general rule with regard to

a42's event

now article 1165 last paragraph

provides for a reason or a situations

nakahitami

accordingly if the obligor delays

another legal term delay

what is delay it has nothing to do with

equality

but only with punctuality

in delay even if the quality is

excellent

but the performance is not in due time

the adapter is liable a distinction

should be made between

ordinary delay and legal delay default

or

mora which is usually param a

distinguished name in

ordinary delay in legal parlance we use

the term

in default or mora ordinary delay

is merely the failure to perform

an obligation on time when you say legal

delay

or in default or mora it is the failure

to perform the obligation on time

which constitutes breach

of the obligation what makes it

getter in default actually it is the

extrajudicial or judicial demand

pacman demand to perform an obligation

and he didn't have a comply sedator he

is now

considered as in default or meron

legal delay actually we'll be discussing

this

further in article 1169

but let's just take an example on the

same example

before sipogi in oblige journals

to deliver his only card to ganda

now if on the sad day on december 25

hindi not delivers the foggy he is now

in ordinary delay okay not yet

in default on december 25 an earthquake

destroys

his only car foggy is not liable

however if the scenario is like this on

december 25

demand was made for the delivery so

pogi now is in legal delay or in default

now if later the car was destroyed

a 42-week event by an earthquake he

would still be

liable and in this case the obligation

to deliver that

specific thing is converted into a

monetary claim for

damages so another situations

nakaita my earthquake a gigging liable

principal

accordingly when he has promised or

delivered the same thing

to two or more persons who do not have

the same

interest

interest in our example if foggy obliged

himself to deliver to ganda

he's one and only car but he is on car

and then thereafter he also made

the same promise to beauty the reason is

because

it would be impossible for pogi to

comply with his obligation

to deliver to both ganda and beauty

the same car even without fortitude was

event

so even if nakarona earthquake

damage jungkar boggy would still be

liable

so that's article eleven sixty five

papos narina

natin ma discussed on article 1166 in

our previous video

so let's proceed to article 1167

article 1167 if a person obliged to do

something

fails to do it the same shall be

executed at his cost

the same rule shall be observed if he

does it

in contravention of the tenor of the

obligation

furthermore it may be decreed that what

has been

poorly done be undone on article 1167

obligation to do otherwise known as the

positive personal obligations

which we already discussed in passing

when we discuss the general provisions

and obligations

now article 1167 actually contemplates

three scenarios the detour fails to

perform

an obligation so that is one the debtor

fails to perform an

obligation to do meaning hindi nagawa

and obligation second the debtor

performs an obligation but is

contrary to the terms thereof

or hindi in compliance

and third the debtor performs an

obligation but in a poor

manner

but in poor quality meaning

independence standard

so hindi nagawa nagawa pero hindi na

ayun sao sapan

at nagawa

1167 says the creditor has the

right number one to have it performed by

him or by another as the expense of

the debtor so

and of course the usual right to recover

damages

okay let's take for example the case of

travis versus

gonzalez a typewriter owner

delivered the same to a repairman for

repairs

typewriter however despite repeated

demands

no work was done so eventually the

repairman returned the machine hindi

ana ayus and burst

so the owner know even a next

owner now claims damages from the first

repairman

for the cost of the repairs and the cost

of the missing parts

can the first repairman be held liable

yes the first repairman is liable for

damages

and this includes the cost of the

neighbor

and the needed materials as well as the

value

of the missing parts that him according

to article

1167 if a person obliged to do something

but fails to do it if the same shall be

executed

at his cost however if young evolution

is

personal it is too personal or special

like in painting a winner is a reputed

artist

so in this case only damages may be

asked

unless substituted performance is

permitted

then the right now is only to claim for

damages

so now in case of the two scenarios musa

contrary to the tenor or it is poorly

done

if the debtor performed the obligation

but in contravention and the agreement

same rule would apply in the previous

paragraph so the creditor may ask

that another person perform the

obligation at the expense of the debtor

and second the creditor may demand

damages

against the debtor now if the obligation

is poorly done

the creditor may ask that it be undone

at the debtor's expense and second

as is well the creditor may demand

damages

note india guy an obligation to give not

reading a compel and better to make

delivery

that is not applicable in an obligation

to do why

back at a young specific performance

cannot be ordered in personal

obligations

it is because it will amount to

involuntary servitude

which is as a rule is prohibited under

our constitution

the only remedy by the creditor is to

ask

for damages can say he did not including

philippines

or to do something otherwise he we will

violate the constitution

so let's have an example foggy obliged

himself

to construct a house for ganda

if pogi does not construct the house

on time ganda may ask another contractor

to do the job at the expense of foggy

plus damages second scenario if

foggy constructed the house but

he does not conform to what is

specifically

should be made up of these materials

fell hindi union

so gandan now has a right to ask

another contractor to do the job at the

expense of

pogi plus damages the same

rule shall apply now and the third

scenario

if bogey constructed the house according

to the specification

however it was poorly done

so that's it let's move on to article

1168 actually it is almost the same with

article 1167

with article 1167 refers to a positive

personal obligation and article 1168

speaks of a negative personal obligation

article 1168 when the obligation

consists

in not doing and obliger does what has

been forbidden him

it shall also be undone at his extents

okay let's take an example foggy bought

a land from

ganda and it is stipulated in the

contract that ganda will not build a

fence on a certain

portion of his land adjoining topography

now if ganda constructs a fence

which is in violation of their agreement

pogi can bring an action to have defense

removed

at the expense of ganda sweating

now as promised i will give you a

summary of the topic

you may screenshot this and familiarize

yourself

summary of the rules regarding remedies

available to the creditor

in obligations to give to do and

not to do specific performance is the

performance of the obligation itself

as said before in an obligation to do or

not to do

specific performance is not available

it will go against the constitutional

prohibition against

involuntary servitude equivalent

performance is the payment of damages

and as you can see salah had an

obligation available on equivalent

performance or the payment of damages

substituted performance is when someone

else

performs or something else is performed

at the expense of the debtor