Part 2. Nature and Effects of Obligations. Detailed Explanations with Examples on Art. 1165 -1168.

Summary

This lecture explores the nature and effects of obligations, focusing on the rights of creditors when obligations are breached. It discusses the implications of Article 1170, detailing the debtor's liability for damages due to fraud, negligence, delay, or contravention of obligations. The lecture differentiates between obligations to deliver determinate and indeterminate things, explaining the creditor's right to compel delivery or seek substituted performance at the debtor's expense. It also addresses the consequences of a debtor promising the same determinate thing to multiple persons and the debtor's responsibility in the event of fortuitous events. The video concludes with a discussion of the remedies available to creditors, including specific performance, equivalent performance, and substituted performance.

Takeaways

• 📚 Article 1165 discusses the nature and effects of obligations, specifically focusing on the creditor's rights when the debtor fails to deliver a determinate thing.
• 📖 Article 1170 holds the debtor liable for damages in cases of fraud, negligence, delay, or contravention of the obligation's terms.
• 🚸 The creditor has the right to compel the debtor to make delivery of a specific thing, as outlined in the first paragraph of Article 1165.
• 🔄 If the thing to be delivered is indeterminate or generic, the creditor may request the obligation to be complied with at the debtor's expense, known as substituted performance.
• ⏰ The third paragraph of Article 1165 addresses the debtor's responsibility for fortuitous events until delivery is affected, with exceptions for specific circumstances.
• 🌪 Fortuitous events, such as natural disasters or acts of war, generally do not exempt the debtor from responsibility unless under certain conditions.
• 📉 The difference between ordinary delay and legal delay (in default or mora) is highlighted, with the latter involving a failure to perform an obligation on time after a demand has been made.
• 🛠️ Article 1167 covers positive personal obligations, allowing the creditor to demand the obligation be performed at the debtor's cost or to claim damages if not done properly.
• 🚫 Article 1168 pertains to negative personal obligations, where if the obligor does what is forbidden, it must be undone at their expense.
• 🏠 Specific performance is not available for personal obligations due to the constitutional prohibition against involuntary servitude; damages are the typical remedy.

Q & A

What does Article 1170 provide regarding the liability of a debtor?

Article 1170 provides that the debtor will be liable for damages if they are guilty of fraud, negligence, delay, or if they contravene the tenor of their obligations.

What is the difference between an obligation to deliver a determinate thing and a generic thing?

An obligation to deliver a determinate thing refers to a specific, identifiable item that must be delivered, whereas a generic thing refers to a type of item that does not need to be specific or unique. The creditor can compel the debtor to deliver a determinate thing, but for a generic thing, the obligation can be complied with at the expense of the debtor, potentially by a third party.

What is the legal term for when a debtor fails to deliver a determinate thing to multiple persons with different interests?

When a debtor fails to deliver a determinate thing to multiple persons with different interests, it is referred to as a 'fortituous event,' which does not exempt the debtor from responsibility until delivery is affected.

What is the difference between ordinary delay and legal delay (in default or mora)?

Ordinary delay is the failure to perform an obligation on time, while legal delay, or mora, is the failure to perform the obligation on time after a demand has been made for its performance and the debtor has not complied.

What are the remedies available to a creditor when a debtor fails to perform an obligation under Article 1167?

Under Article 1167, if a debtor fails to perform an obligation, the creditor can have the obligation performed by another at the debtor's expense or recover damages. If the debtor performs the obligation poorly or contrary to the agreement, the creditor can also demand that it be undone at the debtor's expense and claim damages.

How does Article 1168 differ from Article 1167 in terms of obligations?

Article 1168 deals with negative personal obligations, where the debtor is obliged not to do something. If the debtor does what has been forbidden, it must be undone at their expense. Article 1167, on the other hand, deals with positive personal obligations where the debtor is obliged to do something.

What is the concept of 'substituted performance' as mentioned in the script?

Substituted performance refers to a situation where the obligation is fulfilled by someone else or through some other means, at the expense of the debtor. This is an option when the obligation is to deliver a generic thing or when specific performance is not feasible due to the nature of the obligation.

Why is specific performance not available in obligations to do or not to do?

Specific performance is not available in obligations to do or not to do because enforcing it would amount to involuntary servitude, which is prohibited under the constitution.

What happens if a debtor is obligated to deliver the same determinate thing to two or more persons with different interests?

If a debtor is obligated to deliver the same determinate thing to two or more persons with different interests, they remain liable even if a fortituous event occurs, as they cannot fulfill the obligation to both parties.

What is the significance of the term 'equivalent performance' in the context of obligations?

Equivalent performance refers to the payment of damages as a remedy when specific performance is not available or appropriate, such as in personal obligations where the debtor's personal action is required.