LAW ON OBLIFGATIONS AND CONTRACTS

CHAPTER 1 CHAPTER 2

ART. 1156 (DEFINITION OF OBLIGATIONS) ART. 1163 (PROPER DILIGENT OF GOOD FATHER)

AN OBLIGATION IS A JURIDICAL NECESSITY TO EVERY PERSON OBLIGED TO GIVE SOMETHING IS

GIVE, TO DO AND NOT TO DO ALSO OBLIGED TO TAKE OF IT WITH THE PROPER
DILIGENT OF A GOOD FATHER OF A FAMILY UNLESS
ART. 1157 (SOURCES OF OBLIGATIONS) THE LAW OR STIPULATION REQUIRES ANOTHER
STANDARD OF CARE
OBLIGATIONS ARISE FROM; LAW, CONTRACTS,
QUASI-CONTRACTS, ACTS OR OMISSION ART. 1164 (FRUIT OF THE THING)
PUNISHABLE BY LAW AND QUASI DELICTS
THE CREDITOR HAS THE RIGHT TO THE FRUIT OF
ART. 1158 (LAW) THE THING FROM THE TIME THE OBLIGATION TO
DELIVER IT ARISES. HOWEVER, HE SHALL ACQUIRE
OBLIGATIONS ARISE FROM LAW ARE NOT
NO REAL RIGHT OVER UNTIL THE SAME HAS BEEN
PRESUMED. ONLY THOSE EXPRESSELY
DELIVERED TO HIM
DETERMINED IN THIS CODE AND SPECIAL LAW ARE
DEMANDABLE AND SHALL BE REGULATED BY THE ART. 1165 (DELIVER DETERMINATE,
PERCEPT OF THE LAW WHICH ESTABLISHES THEM; INDETERMINATE AND DELAYS)
AND AST TO WHAT NOT HAS BEEN FORSEEN, BY
THE PROVISIONS OF THIS BOOK, WHAT IS TO BE DELIVERED IS A DETERMINATE
THING, THE CREDITOR, IN ADDITION TO THE RIGHT
ART. 1159 (CONTRACTS) GRANTED TO HIM, MAY COMPEL THE DEBTOR TO
MAKE THE DELIVERY
OBLIGATIONS ARISE FROM CONTRACTS HAVE THE
FORCE OF LAW BETWEEN THE CONTRACTING IF THE THING IS INDETERMINATE OR GENERIC, HE
PARTIES AND SHOULD BE COMPLIED WITH GOOD MAY ASK THAT THE OBLIGATION BE COMPLIED
FAITH WITH AT THE EXPENSE OF THE DEBTOR

ART 1160 ( QUASI CONTRACTS) IF THE OBLIGOR DELAYS OR PROMISE TO DELIVER

TO TWO OR MORE PERSONS WHO DO NOT HAVE THE
OBLIGATIONS ARISE FROM QUASI CONTRACTS
SAME INTEREST, HE SHALL BE RESPONSIBLE TO
SHALL BE SUBJECT TO THE PROVISIONS OF
THE FRUTUITOUS EVENT UNTIL HE HAS AFFECTED
CHAPTER 1, TITLE XVII OF THIS BOOK
THE DELIVERY
ART. 1161 (DELICTS)
ART. 1166 (ACCESSION AND ACCESSORIES)
CIVIL OBLIGATIONS ARISE FROM CRIMINAL
THE OBLIGATION TO GIVE A DETERMINATE THING
OFFENSES SHALL BE GOVERNED BY PENAL LAWS ,
INCLUDES THAT OF DELIVERING ITS ACCESSION
SUBJECT TO THE PROVISIONS OF ARTIVLE 2177 AND
AND ACCESSORIES, EVEN THOUGH ITMAY NOT
OF THE PERTINENT PROVISIONSOF CHAPTER 2,
HAVE BEEN MENTIONED
PRELIMINARY TITLE, ON HUMAN RELATIONS AND
OF TITLE XVIII OF THIS BOOK, REGULATING ART 1167 (NEED TO DO BUT FAILS TO DO- PPO)
DAMAGES
IF THE PERSON OBLIGED TO DO SOMETHING FAILS
ART. 1162 (QUASI- DELICTS) TO DO IT, THE SAME SHALL BE EXECUTED AT HIS
COST
OBLIGATIONS ARISE FROM QUASI-DELICTS SHALL
BE GOVERNED BY THE PROVISIONS OF CHAPTER 2, THE SAME RULE SHALL BE OBSERVED IF HE HAS
TITLE XVII OF THIS BOOK, AND BY SPECIAL LAWS DONE IT IN CONTRAVENTION OF THE TENOR OF THE
OBLIGATION. FURTHERMORE, IT MAY BE DECREED
WHAT HAS BEEN POORLY DONE BE UNDONE
 LIABILITY MAY BE REGULATED BY COURT
ACCORDING TO THE CIRCUMSTANCES
Art. 1168 (OBLIGATION NO TO DO- NPO)
ART. 1173 (THE FAULT OR NEGLIGENCE)
WHEN THE OBLIGATION CONSISTS IS NOT DOING,
AND THE OBLIGOR DOES WHAT IS FORBIDDEN TO The fault or negligence of the obligor consists in the
HIM, IT SHALL ALSO BE UNDONE AT HIS EXPENSE omission of that diligence which is required by the nature of
the obligation and corresponds with the circumstances of the
1169 ( KINDS OF DELAY AND NOT NECESSARY TO persons, of the time and of the place. When negligence shows
DEMAND) bad faith, the provisions of Articles 1171 and 2201, paragraph
2, shall apply.
Those obliged to deliver or to do something incur in delay
from the time the obligee judicially or extra judicially
If the law or contract does not state the diligence which is to
demands from them the fulfillment of their obligation.
be observed in the performance, that which is expected of a
good father of a family shall be required. (1104a)
However, the demand by the creditor shall not be necessary in
order that delay may exist: ART. 1174 (FORTUITOUS EVENT)

(1) When the obligation or the law expressly so declare; or Except in cases expressly specified by the law, or when it is
otherwise declared by stipulation, or when the nature of the
(2) When from the nature and the circumstances of the obligation requires the assumption of risk, no person shall be
obligation it appears that the designation of the time when the responsible for those events which could not be foreseen, or
thing is to be delivered or the service is to be rendered was a which, though foreseen, were inevitable
controlling motive for the establishment of the contract;
(when time is of the essence)or ART. 1175 (LOANS AND UNSURIOUS INTEREST)

UNSURIOUS TRANSACTION SHALL BE GOVERNED

(3) When demand would be useless, as when the obligor has
BY SPECIAL LAWS
rendered it beyond his power to perform.
ART.1176 (PRESUMPTION ON RECEIPT, INTEREST
In reciprocal obligations, neither party incurs in delay if the AND INSTALLMENT)
other does not comply or is not ready to comply in a proper
manner with what is incumbent upon him. From the moment The receipt of the principal by the creditor without reservation
one of the parties fulfills his obligation, delay by the other with respect to the interest, shall give rise to the presumption
begins. (1100a) that said interest has been paid.

The receipt of a later installment of a debt without reservation

ART. 1170 (FRAUD, NEGLIGENCE, DELAY AND as to prior installments, shall likewise raise the presumption
CONTRAVENTION OF TENOR) that such installments have been paid.
THOSE WHO IN THE PERFORMANCE OF THEIR ART. 1177 (CREDITOR HAS THE RIGHT TO THE
OBLIGATION ARE GUILY OF FRAUD, NEGLIGENCE, POSSESION OF DEBTOR)
OR DELAY AND THOSE WHO MAY CONTRAVENE
THE TENOR THEOREF, ARE LIABLE FOR DAMAGES The creditors, after having pursued the property in possession
of the debtor to satisfy their claims, may exercise all the rights
ART. 1171 (RESPONSIBILITY FROM FRAUD- and bring all the actions of the latter for the same purpose,
INCIDENTAL FRAUD) save those which are inherent in his person; they may also
impugn the acts which the debtor may have done to defraud
RESPONSIBILITY ARISING FROM FRAUD IS
them
DEMANDABLE IN ALL OBLIGATIONS. ANY WAIVER
OF ACTION FOR FUTURE FRAUD IS VOID. ART. 1178 ( RIGHTS AND OBLIGATION CAN BE
TRANSFERRED )
ART. 1172 (RESPONSIBILITY FROM NEGLIGENCE)
Subject to the laws, all rights acquired in virtue of an
RESPONSIBILITY ARISING FROM NEGLIGENCE IN
obligation are transmissible, if there has been no stipulation to
THE PERFORMANCE OF EVERY KIND OF
the contrary.
OBLIGATION IS ALSO DEMANDABLE, BUT SUCH