Remedies of a creditor in a REAL OBLIGATION (Article 1165, Civil Code)

Summary

In this video, Attorney Chris Batan Lasko explains the remedies available to a creditor if a debtor fails to fulfill their obligation, specifically focusing on real obligations. He discusses the differences between specific and generic real obligations, the remedies for each, and the effect of fortuitous events like earthquakes or typhoons on these obligations. Lasko emphasizes legal compulsion for remedies and outlines exceptions where obligations may not be extinguished due to fortuitous events. He also highlights key principles from Article 1165 of the Civil Code, providing practical insights for understanding legal obligations and enforcement.

Takeaways

• 😀 Article 1165 outlines remedies for creditors when a debtor fails to fulfill a real obligation.
• 😀 A real obligation involves the delivery of a thing, which can be specific (particular item) or generic (non-specific item).
• 😀 Specific real obligations allow for remedies such as demanding specific performance, rescission, or claiming damages.
• 😀 Generic real obligations cannot be fulfilled through specific performance, but creditors can demand performance, fulfillment at another's expense, or claim damages.
• 😀 Fortuitous events are unforeseen or inevitable events, like earthquakes or typhoons, which may affect obligations.
• 😀 For specific real obligations, if the promised item is lost due to a fortuitous event, the obligation is extinguished.
• 😀 For generic real obligations, even if the item is lost due to a fortuitous event, the obligation remains as it can be replaced with another of the same kind.
• 😀 Specific performance is not possible for generic real obligations since the promised item is not unique, but alternatives can be provided.
• 😀 The debtor's delay or bad faith may be exceptions to the general rule that a fortuitous event extinguishes the obligation.
• 😀 Article 1166 adds that the obligation to deliver a determinate thing includes its accessories, even if not explicitly mentioned in the contract.
• 😀 The video offers practical legal knowledge to simplify the understanding of creditor's rights in real obligations under civil law.

Q & A

What is the focus of Article 1165 in the Civil Code?

Article 1165 enumerates the remedies available to a creditor when a debtor fails to fulfill a real obligation, specifically the delivery of a thing.

What is a real obligation in the context of this video?

A real obligation is an obligation to give a specific or generic thing, as opposed to personal obligations that involve doing or not doing something.

What are the remedies available for specific real obligations under Article 1165?

The remedies for specific real obligations include demanding specific performance with damages, rescission or cancellation with damages, and demanding damages alone if other remedies are not feasible.

Can a creditor demand specific performance for a generic real obligation?

No, a creditor cannot demand specific performance for a generic obligation. However, they can still demand fulfillment of the obligation or compensation for damages.

What is the difference between specific and generic real obligations?

A specific real obligation involves delivering a unique or identifiable item (e.g., a particular car), while a generic real obligation involves delivering something that is part of a broader class (e.g., any Mitsubishi car).

What are fortuitous events, and how do they affect obligations?

Fortuitous events are events that cannot be foreseen or, if foreseen, are inevitable (e.g., earthquakes, typhoons). They can extinguish specific real obligations if the item promised is lost due to such an event.

How does the loss of a specific thing due to a fortuitous event affect the obligation?

If a specific thing is lost due to a fortuitous event, the obligation to deliver that specific item is extinguished because the item is no longer available.

How does the loss of a generic thing due to a fortuitous event affect the obligation?

For a generic real obligation, the loss of the item due to a fortuitous event does not extinguish the obligation because a replacement can always be delivered.

What are the exceptions to the general rule that a fortuitous event extinguishes an obligation?

The exceptions are if the debtor delayed fulfilling the obligation or acted in bad faith.

What does Article 1166 say about accessories in a contract?

Article 1166 states that the obligation to deliver a determinate thing includes delivering its accessories and accretions, even if these are not explicitly mentioned in the contract.