Nature and Effect of Obligations (Part 1)

Summary

The 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

• 📚 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.
• 🚗 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.
• 🐎 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.
• 🏠 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.
• 💼 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.
• 🌪 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).
• 💵 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.
• 📖 The script emphasizes the importance of distinguishing between determinate and generic things, as it affects the outcome of obligations in the event of loss.
• 🔑 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.
• 🏡 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

00:00

📚 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.

05:02

🔍 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.

10:03

🌪 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.

15:06

📝 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.

Keywords

💡Nature and Effect of Obligations

This phrase refers to the intrinsic characteristics and consequences of legal obligations, which are central to the video's discussion on contracts and law. The 'nature' pertains to the defining qualities of obligations, while 'effect' refers to the outcomes or impacts these obligations have. The video uses this concept to differentiate between determinate and generic things, which is crucial for understanding how obligations are extinguished or maintained.

💡Determinate Thing

A 'determinate thing' is a specific, identifiable item that can be physically separated or distinctly designated from others of the same class. In the context of the video, it is used to explain how the loss of such a thing due to a fortuitous event can extinguish a legal obligation, as per Article 1262 of the New Civil Code of the Philippines. Examples given include a 2020 Toyota Fortuner with a specific engine and body number, and a house located at a particular address.

💡Generic Thing

Contrasting with 'determinate things,' 'generic things' are not specifically designated or segregated. They are part of a larger class and cannot be individually identified without clear differentiation. The video emphasizes that the loss of a generic thing does not extinguish an obligation because the class it belongs to can never perish, unlike a specific item.

💡Fortuitous Event

A 'fortuitous event' is an unforeseen and unavoidable occurrence that is not due to the will or action of the parties involved. The video explains that such events, which can be acts of God or acts of man, play a critical role in determining whether the loss of a determinate thing extinguishes the obligation. Examples include natural disasters like typhoons or floods, and human actions like armed robbery.

💡Extinguishes the Obligation

This term refers to the termination or ending of a legal obligation. The video discusses how the loss of a determinate thing due to a fortuitous event can extinguish the obligation, meaning the debtor is no longer legally required to fulfill it. This is a key principle in the law of obligations, demonstrating the impact of unforeseen circumstances on contractual agreements.

💡Capacity

In the video, 'capacity' likely refers to the ability or power to enter into a contract or obligation. It is mentioned in relation to determinate things, suggesting that the capacity to fulfill an obligation is tied to the specificity and identifiability of the object or service involved. The concept is integral to understanding contractual obligations and their enforceability.

💡New Civil Code of the Philippines

The 'New Civil Code of the Philippines' is a legal reference mentioned in the video, providing the legal framework for discussing obligations and contracts. Article 1460, highlighted in the script, defines a determinate thing, which is crucial for understanding how obligations are formed and potentially extinguished under Philippine law.

💡Specific

The term 'specific' is used in the video to describe items that can be distinctly identified and are not part of a general class. It is a key attribute of determinate things, which, when lost due to a fortuitous event, can lead to the extinguishment of obligations. The video uses specific examples, such as a particular book on a table, to illustrate this concept.

💡Generic

As opposed to 'specific,' 'generic' refers to items that are part of a larger, undifferentiated group. The video uses this term to explain why the loss of a generic thing does not extinguish an obligation, as the class it belongs to continues to exist. For instance, losing one car (a generic thing) does not absolve the obligation if the class of cars still exists.

💡Acts of God

In the context of the video, 'acts of God' are natural events like typhoons, floods, or earthquakes that are beyond human control and cannot be prevented. These events are considered fortuitous and can lead to the extinguishment of obligations if they result in the loss of a determinate thing.

💡Acts of Man

Similar to 'acts of God,' 'acts of man' refers to human actions or events that are unforeseen and unavoidable, such as armed robbery or riots. The video mentions these as examples of fortuitous events that could potentially extinguish obligations if they lead to the loss of a determinate thing.

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