Loss of the thing due. Article 1262-1269. Extinguishment of Obligations. Obligatins and Contracts.

Summary

This video explains various modes of extinguishment of obligations under the law, focusing on the concept of loss and impossibility of performance. Key points include the effects of the loss of a specific or generic thing, the importance of whether the loss is due to the debtor's fault, and legal or physical impossibility in personal obligations. The script further discusses exceptions, such as the debtor’s liability in criminal offenses and situations where the creditor may refuse to accept the object of the obligation. It concludes with the rights of the creditor to take legal action against third parties in case of loss.

Takeaways

• 😀 Loss of an obligation occurs when the specific or generic object of the obligation is destroyed or lost, rendering performance impossible.
• 😀 If the obligation involves a specific thing, it is extinguished only if lost or destroyed without the debtor's fault and before delay occurs (Article 1262).
• 😀 In cases where the debtor is liable for loss by law or stipulation, the obligation is not extinguished (Article 1262).
• 😀 A generic thing’s loss (e.g., a quantity of items) does not extinguish the obligation unless it's a **limited generic thing**, where the loss of that specific quantity extinguishes the obligation (Article 1263).
• 😀 The court can determine whether a **partial loss** of a specific thing is significant enough to be considered a total loss and extinguish the obligation (Article 1264).
• 😀 If an object is lost in the debtor’s possession, it is presumed to be the debtor’s fault unless proven otherwise, except in cases of natural calamities like earthquakes or floods (Article 1265).
• 😀 When the performance of an obligation becomes **physically or legally impossible**, the debtor is released from liability without fault (Article 1266).
• 😀 **Legal impossibility** of performance, such as government refusal to issue a permit for a project, can extinguish the debtor’s obligation (Article 1266).
• 😀 If performance becomes so difficult that it is manifestly beyond what was contemplated by the parties, the debtor may be released from the obligation (Article 1267).
• 😀 The debtor remains liable for an obligation arising from a **criminal offense**, even if the loss occurs due to a fortuitous event, unless the creditor unjustifiably refuses to accept the item (Article 1268).
• 😀 The creditor has the right to proceed against a third party responsible for the loss of the object, even if the debtor’s obligation is extinguished by that loss (Article 1269).

Q & A

What is the most common mode of extinguishment of an obligation?

The most common mode of extinguishment of an obligation is payment, as mentioned in the script.

What is meant by the loss of an obligation?

Loss refers to the destruction or disappearance of the subject matter of an obligation, making it impossible to perform. This includes situations where the thing perishes, goes out of commerce, or becomes unknown or irrecoverable.

What does Article 12.62 say about specific things in an obligation?

Article 12.62 states that if an obligation consists of delivering a specific thing, it is extinguished if the thing is lost or destroyed without the fault of the debtor and before the debtor has delayed the performance. However, if the debtor is liable by law or stipulation for fortuitous events, the loss does not extinguish the obligation.

What are the exceptions to the loss of a specific thing extinguishing an obligation?

The exceptions are when the law or stipulation makes the debtor liable even for fortuitous events or when the nature of the obligation requires the assumption of risk.

What is the significance of a generic or indeterminate thing in an obligation?

In an obligation involving a generic or indeterminate thing, the loss or destruction of an item of the same kind does not extinguish the obligation. For example, if the obligation involves 100 sacks of rice, the loss of any sacks from the same harvest does not release the debtor from the obligation.

How does Article 12.63 address the loss of a generic thing?

Article 12.63 indicates that in obligations to deliver a generic thing, the loss or destruction of an item of the same kind does not extinguish the obligation. However, if the obligation involves a limited generic thing, such as rice from a specific harvest, its total loss can extinguish the obligation.

What does Article 12.64 discuss regarding partial loss of a specific thing?

Article 12.64 discusses how the courts determine whether the partial loss of a specific thing is significant enough to extinguish the obligation. If the loss is so important, it may be treated as a total loss.

What presumption is created under Article 12.65 when a thing is lost in the debtor's possession?

Article 12.65 creates a legal presumption that if a thing is lost in the possession of the debtor, the loss is due to the debtor's fault unless proven otherwise. However, this presumption does not apply in cases of natural calamities like earthquakes or floods.

What happens if the debtor is unable to perform an obligation due to physical or legal impossibility?

According to Article 12.66, the debtor is released from the obligation if the prestation becomes physically or legally impossible to perform without fault of the debtor.

What is the provision in Article 12.67 about impossibility of service?

Article 12.67 states that if the performance of a service becomes so difficult that it is manifestly beyond the contemplation of the parties, the debtor may be released from the obligation, either in whole or in part.