Nature and Effect of Obligations (Part 3)

Summary

This video script delves into the remedies available to creditors when debtors fail to fulfill their obligations under the Philippine Civil Code. It covers scenarios where a debtor does not deliver a determinate or generic thing, fails to perform or poorly executes obligations to do, and when they contravene forbidden actions. The script explains the legal recourses, including compelling delivery, demanding damages, and undoing actions at the debtor's expense, as outlined in Articles 1165, 1167, and 1168.

Takeaways

• 📚 The discussion is a continuation on the topic of 'nature and effect of obligations', specifically focusing on remedies available to creditors when debtors fail to fulfill their obligations.
• 🚫 If a debtor fails to deliver a determinate or specific thing, the creditor can compel delivery and demand damages as per Article 1165 and Article 1117.
• 🔍 The concept of 'damages' refers to compensation for harm done, which can be monetary reparation for the harm suffered.
• 🛑 In cases where the debtor fails to deliver a generic thing, the creditor can request compliance at the debtor's expense and also demand damages, under Articles 1165 and 1170.
• 🔨 When a debtor fails to perform an obligation to do, or does it in contravention of the terms, the creditor can have the obligation executed at the debtor's expense and demand damages, as outlined in Article 1167 and Article 1170.
• 🛠️ An example given is a debtor obligated to construct a fence; if not done properly, the creditor can have it redone at the debtor's expense and seek damages.
• 🚫 If a debtor performs an obligation poorly, such as constructing a fence with improper alignment or substandard materials, the creditor can have it demolished and redone at the debtor's expense, and also claim damages.
• 🚷 When a debtor does something that has been explicitly forbidden, like constructing a fence in violation of an agreement, the creditor can demand the action be undone at the debtor's expense and claim damages, as per Article 1168.
• 🚧 The script uses the example of a right of way agreement where the debtor constructs a forbidden fence, and the creditor's rights to demand its removal and damages.
• 🏛️ The discussion is based on the New Civil Code of the Philippines, emphasizing the legal framework for creditor's remedies in cases of unfulfilled obligations.

Q & A

What is the main topic of the video script?

The main topic of the video script is the discussion of the remedies available to a creditor when a debtor fails to perform their obligations under various circumstances, as outlined in the Philippine Civil Code.

What are the remedies for a creditor if the debtor fails to deliver a determinate thing?

The remedies for a creditor in this case are to compel the debtor to make the delivery and to demand damages from the debtor, as per Articles 1165 and 1117 of the Philippine Civil Code.

Can you provide an example of a determinate thing in the context of the script?

An example of a determinate thing is a specific car that D is obliged to give to C on a due date. If D fails to deliver the car, C can compel D to deliver it and demand damages.

What are the remedies if the debtor fails to deliver a generic thing?

The remedies include asking that the obligation be complied with at the debtor's expense and demanding damages from the debtor, according to Articles 1165 and 1170.

How does the script differentiate between a determinate thing and a generic thing?

A determinate thing is a specific item, while a generic thing refers to a category of items that can be replaced by similar items. The remedies and legal articles applicable differ based on whether the thing is determinate or generic.

What are the remedies if the debtor fails to perform an obligation to do?

The creditor may have the obligation executed at the debtor's expense and may also demand damages from the debtor, as per Articles 1167 and 1170.

Can you give an example of an obligation to do as mentioned in the script?

An example is when D is obliged to construct a hollow block fence for C, with specific measurements and conditions. If D fails to perform this obligation, C can have the fence constructed at D's expense.

What happens if the debtor performs the obligation but does it poorly?

The creditor may have the same undone at the debtor's expense and may also demand damages from the debtor, under Articles 1167 and 1170.

Can you provide an example of a poorly performed obligation in the script?

An example is when D constructs a fence but does not follow the agreed measurements, finishes it poorly, and uses substandard materials. C can have the fence demolished and reconstructed at D's expense and demand damages.

What are the remedies if the debtor does something that has been forbidden by the agreement?

The creditor may demand that what has been done be undone and may also demand damages from the debtor, as per Article 1168.

Can you provide an example of a forbidden action from the script?

An example is when D constructs a fence between B's lot and the road, violating an agreement that prohibited such construction for a 10-year period. B can demand the removal of the fence at D's expense and also demand damages.

Outlines

00:00

📚 Remedies for Debtor's Failure to Deliver a Determinate Thing

This paragraph discusses the legal remedies available to a creditor when a debtor fails to deliver a specific, determinate thing as per their obligation. The creditor can compel the debtor to fulfill the delivery and also demand compensation for damages under Articles 1165 and 1117. An example is given where a debtor is obligated to deliver a specific car, and fails to do so, allowing the creditor to enforce delivery and seek damages.

05:02

🛠 Remedies for Debtor's Failure to Deliver a Generic Thing

The paragraph explains the creditor's recourse when a debtor does not fulfill the obligation to deliver a generic thing. The creditor can request that the obligation be met at the debtor's expense and can also claim damages under Articles 1165 and 1170. An illustration is provided where a debtor is supposed to deliver five sacks of rice but fails to do so, enabling the creditor to acquire the rice from alternative sources at the debtor's cost, in addition to demanding damages.

10:04

🚧 Remedies for Failure or Poor Execution of 'Obligations to Do'

This section covers the options for a creditor when a debtor either fails to perform an 'obligation to do' or carries it out poorly, contravening the terms of the agreement. The creditor can enforce the obligation to be executed at the debtor's expense and demand damages under Articles 1167 and 1170. Examples include a debtor constructing a fence that does not meet the agreed specifications, allowing the creditor to have it redone at the debtor's cost and to seek damages.

15:07

🚫 Remedies for Debtor's Action Against Prohibition

The final paragraph addresses the situation where a debtor undertakes an action that has been explicitly forbidden by the agreement. The creditor has the right to demand the reversal of the action and to claim damages under Article 1168. A scenario is presented where a debtor constructs a fence in violation of a no-construction agreement, leading the creditor to demand its removal at the debtor's expense and to seek compensation for damages.

Keywords

💡Obligations

Obligations in the context of the video refer to the duties or responsibilities that a debtor owes to a creditor under a contract or agreement. The theme of the video revolves around the nature and effect of these obligations, specifically discussing the remedies available to creditors when these obligations are not fulfilled. For example, when the debtor fails to deliver a determinate thing, the creditor has the right to compel delivery and demand damages.

💡Remedies

Remedies are the legal options or actions available to a creditor when a debtor fails to fulfill their obligations. The video discusses various remedies such as compelling the debtor to make delivery, demanding damages, and having the obligation executed at the debtor's expense. These remedies are integral to the video's message about the consequences of unfulfilled obligations.

💡Determinate Thing

A determinate thing, as mentioned in the video, refers to a specific item or object that is clearly defined and agreed upon in a contract. The video uses the example of a debtor being obligated to deliver a specific car to illustrate the concept. When the debtor fails to deliver this determinate thing, the creditor can seek remedies such as compelling delivery and demanding damages.

💡Generic Thing

A generic thing is a category of items that are not specifically defined but are agreed upon based on their type or kind. The video explains that if a debtor fails to deliver a generic thing, such as five sacks of rice, the creditor can ask for the obligation to be complied with at the debtor's expense and can also demand damages. This concept is central to understanding the different types of obligations and their respective remedies.

💡Damages

Damages are the monetary compensation that a creditor can demand from a debtor as a form of reparation for harm done due to the debtor's failure to fulfill their obligations. The video discusses damages in the context of various scenarios, such as when a debtor fails to deliver a determinate or generic thing, or when the debtor performs the obligation poorly or contravenes the terms of the agreement.

💡Tenor of the Obligation

The tenor of the obligation refers to the specific terms and conditions agreed upon in a contract. The video explains that if a debtor contravenes the tenor of the obligation, which means violating the terms and conditions, the creditor may have the obligation executed at the debtor's expense and can also demand damages. This is a key concept in understanding the consequences of not adhering to the agreed-upon obligations.

💡Performance of Obligation

Performance of obligation is the act of fulfilling the duties or responsibilities outlined in a contract. The video discusses scenarios where the debtor either fails to perform the obligation or performs it poorly, such as constructing a fence that is not properly aligned or made with substandard materials. In these cases, the creditor has the right to demand the obligation be undone at the debtor's expense and to seek damages.

💡Right of Way

A right of way is a legal right to pass over or through someone else's land. In the video, an example is given where a person buys a lot and has a contract for a right of way over another person's land for a period of 10 years. This concept is relevant to the video's theme as it illustrates a type of obligation that, if violated, can lead to the creditor demanding remedies such as the removal of a fence constructed in violation of the agreement.

💡Involuntary Servitude

Involuntary servitude refers to a situation where a person is forced to work against their will. The video mentions this concept to clarify that a creditor cannot compel a debtor to personally perform an obligation if it constitutes involuntary servitude. This is an important legal principle that limits the remedies available to creditors.

💡New Civil Code of the Philippines

The New Civil Code of the Philippines is the legal framework that governs civil law matters in the Philippines, including contracts and obligations. The video cites specific articles from this code, such as Article 1165, 1167, and 1168, to explain the legal basis for the remedies available to creditors when obligations are not fulfilled. These articles provide the legal context for the discussion in the video.

Highlights

Continuation of the discussion on the nature and effect of obligations, focusing on remedies for the creditor.

Exploration of remedies when a debtor fails to deliver a determinate or specific thing, referencing Article 1165 and 1117.

The right of the creditor to compel delivery and to demand damages for non-performance of a specific obligation.

Explanation of 'damages' in the context of harm done and monetary reparation.

Illustrative example involving a debtor's failure to deliver a specific car, highlighting the creditor's remedies.

Discussion on the remedies for the creditor when the debtor fails to deliver a generic thing, citing Articles 1165 and 1170.

The creditor's option to have the obligation complied with at the debtor's expense and to demand damages for generic obligations.

Example of a debtor's failure to deliver a specified quantity of rice, outlining the creditor's recourse.

Analysis of the debtor's failure to perform obligations to do, or perform poorly, and the creditor's rights under Articles 1167 and 1170.

The creditor's ability to have the obligation executed at the debtor's expense and to claim damages for poor performance.

Example involving a debtor constructing a fence not in accordance with agreed measurements, and the creditor's recourse.

Clarification that the creditor cannot compel the debtor to perform the obligation due to the right against involuntary servitude.

Remedies when the debtor performs the obligation poorly, including the right to have the work redone at the debtor's expense.

Example of a debtor constructing a fence with poor alignment and substandard materials, and the creditor's options.

Discussion on the debtor's actions that contravene the agreement and the creditor's rights under Article 1168.

The creditor's right to demand undoing of actions that have been forbidden, along with the right to claim damages.

Example of a debtor constructing a fence in violation of an agreement, and the creditor's ability to demand removal at the debtor's expense.

Transcripts

hello and good day

today we will continue the discussion in

nature and

effect of obligations this is actually

part three

of the nature and effect of obligations

so without further ado let's start

today i'm going to discuss the remedies

of

the creditor there are some cases

nakonsa

and hindina perform nagdet

today what are the remedies of the

creditor

if the debtor fails to perform his

obligation to deliver a determinate

thing

what are the remedies of the creditor

if the debtor fails to perform his

obligation to deliver

a genetic thing what are the remedies

of the creditor if the debtor fails to

perform its obligation

in obligations to do

and what are the remedies of the

creditor

if the debt or does what has been

forbidden him

let's start with number one if the

debtor fails to perform his obligation

to deliver a determinate thing

the remedies of the creditor are to

compel

the debtor to make the delivery

and to demand damages from the debtor

these are article 1165 and article 1117

respectively take note that

the thing here is determinate thing or

a specific thing in case

hindi na perform nidat

specific thing or determinate thing

aside from that magda demand then

secretary damages sky dettor

when we say damages

this refer to the harm done and the sum

of

money that may be recovered in

reparation for

the harm done

meaning

let's have an example d

is obliged to give c a specific

car on due date c

demands delivery but d does not

deliver an obligation

indeed i

to deliver a specific car to sea

young

indeed in the liver specific car

in this example it is clear that the

detour

fails to perform his obligation to

deliver

a determinate thing or a specific thing

in this case c can compel

d to deliver the car

and aside from that c can also demand

payment of damages from

the debtor or

from d

next if the debtor fails to perform his

obligation

to deliver a genetic thing the remedies

of the creditor

are to ask that the obligation be

complied with

at the expense of the debtor and to

demand damages

from the detour these are articles

1165 and 1170

respectively

take note that the thing here is

generic thing kanina determinating

genetic thing in case the hindina

performed

that or uncanny obligation they deliver

an genetic thing again the the creditor

i to ask that the obligation

be complied with at the expense of

the debtor meaning to say gustos

nidatore aside from that

to demand damages from the detour

magda de manden damages secretary

dettor let's have an

example d is obliged to deliver five

sacks of rice

to sea d does not perform his obligation

on jew date upon cease demand

jung five sacks of rice yan i generic

thing

an obligation i

deliver young five sacks

of rice yung

[Music]

of rice so it is clear

that the detour fails to perform his

obligation

to deliver a genetic thing

in this case c can obtain

five sacks of rice from other sources

at the expense of d

wedding going ian nickraditor

generic thing pudding replace

five sacks of rice from other sources

secretary

or cc pero

gastos knee d

aside from that c can also ask

for damages from d

next if the debtor fails to perform his

obligation and obligations to do

under this we have to

if the debtor fails to perform the

obligation

or performs it but contravenes the 10 or

they're off

and if the debtor performs the

obligation

but does it poorly

if the debtor fails to perform the

obligation

or performs it but contravenes the ten

or thereof

the creditor may have the obligation

executed

at the expense of the debtor and he may

also demand

damages from the debtor these are

article 1167 and article 1170

of the new civil code of the philippines

marantayan kinatawak beaten a

contravention of the tenor of the

obligation

capacity being contravention of the

tenor of the obligation

it in violation of the terms and

conditions

of the obligation

kapaging deep in their form or uncanny

obligation to do or formula

contravention of the planner of the

obligation

the creditor may have the obligation

executed at the expense of the debtor

meaning to say augusto cinema dettor and

aside from that he may also demand

damages

from the detour let's have an

example d is obliged

to construct a hollow block fans foresee

by agreement the fence will be 2 meters

high

and 10 meters long fine finished

and painted

dee does not perform his obligation upon

cease demand in this example

the obligation is obligation to do

because an obligation id is to construct

a hollow block fence

for

and at the same time painted

form

it is clear that the debtor fails to

perform

the obligation to do

in this case c can ask

another person to or he himself

may construct the fence at the expense

of d

[Music]

aside from that c can also ask

for damages from d

take note c cannot compel

d to perform the obligation

hindinia pueden per

[Music]

c c n right needy and that

right is right against

involuntary servitude

if d constructs the fence but did not

follow the measurements

agreed upon c will have

the same rights

obligation construct

two meters high at 10 meters long

so it is it is clear an american

contravention

of the tenor of the obligation

kapagmeron contravention of the tenor of

the obligation

cc meronshang same rights

next b if the debtor performs the

obligation

but does it poorly the creditor may have

the same be undone

at that debtors expense and the creditor

may also demand damages

from the debtor these are article 1167

and article 1170 of the new civil code

of the philippines

kapagpin reform needed obligations

the creditor may have the same be undone

at that or

expense gastosnee debtor

and aside from that the creditor may

also demand

damages from the debtor let's have an

example d is obliged

to construct a hollow block fence for

sea

by agreement the fence will be 2 meters

high

and 10 meters long fine finished

and painted

deconstructs the fence following the

measurements

but it was not properly aligned the

finishing was

rough and materials used were

sub standard as you can see

measurements

hindi properly aligned them

it was not fine finished

and at the same time you named the

materials

i sub standard

it is clear that the debtor performs the

obligation

but does it poorly so on on gaga in the

sea

c can have the fans be demolished

by another person or even by himself

at this expense

so pueden demolish

aside from that c can also demand

damages from d

next if the debtor does what has been

forbidden him

the creditor may demand that what has

been done be undone

and he may also demand damages from the

detour

this is article 1168 of the new civil

code of

the philippines dito

[Music]

in this case the creditor may demand

that what has been done be undone

and he may also demand damages from

the detour let's have an

example b bought a formula

from s however the only access from the

road to b slot

is the lot of b so b entered into a

contract with d

for a right of way over a period of 10

years

and paid a sum therefore it was agreed

that for the duration of the contract d

would not construct any fence between

b slot and his some time thereafter

however

deconstructed offense in violation of

the agreement as you can see

in this example ginawani dettor

young hindi adapt the win

based on their agreement they would not

construct any fence

between b slot and his slot

for the duration of the contract

but thee does what has been forbidden

him

not constructed fence in violation

of their agreement

so anon gagawini beam b

may demand that the remove the fence

at this expense

because that is a violation

of the agreement between b and

d of course

gusto cinema

aside from that b

can also demand four damages

from d