Obligations Chapter 2 part 2
Summary
TLDRThe 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
- π 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.
- πΈ 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.
- π·οΈ 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.
- π 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.
- π 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.
- π« 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.
- π€ 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.
- π¨ 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.
- π« 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.
- β° 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.
- π° 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
π 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.
πΌ 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 inε±₯θ‘ obligations.
π¨ 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.
β° 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.
π 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.
Mindmap
Keywords
π‘Debtor
π‘Obligee
π‘Specific Performance
π‘Damages
π‘Personal Obligations
π‘Legal Delay
π‘Time is of the Essence
π‘Breach of Obligation
π‘Generic Object
π‘Fortuitous Event
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
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