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.