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Raytos - Article 1265

When property is lost while under the possession of a debtor, the debtor is presumed at fault for the loss unless proven otherwise. This presumption does not apply if the loss was caused by a natural disaster like an earthquake, flood, or storm. For example, if a borrowed car is stolen, the borrower is presumed liable for replacing the car unless they can prove the loss was not due to their fault. However, if the car was lost in a fire accidentally, the borrower is not presumed at fault for the loss and would only be liable if the lender can prove the borrower was actually negligent.

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303 views1 page

Raytos - Article 1265

When property is lost while under the possession of a debtor, the debtor is presumed at fault for the loss unless proven otherwise. This presumption does not apply if the loss was caused by a natural disaster like an earthquake, flood, or storm. For example, if a borrowed car is stolen, the borrower is presumed liable for replacing the car unless they can prove the loss was not due to their fault. However, if the car was lost in a fire accidentally, the borrower is not presumed at fault for the loss and would only be liable if the lender can prove the borrower was actually negligent.

Uploaded by

Jonalyn Raytos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article 1265:

Whenever the thing is lost in the possession of the debtor, it shall be presumed that the
loss was due to his fault, unless there is proof to the contrary, and without prejudice to
the provisions of Article 1165. This presumption does not apply in case of earthquake,
flood, storm, or other natural calamity.

Explanation:

It happens when things is lost in the possession of the debtor or in the hands of the
debtor, the debtor is presumed to be at fault; However, it is only a presumption,

Presumption- means the debtor can overcome presumption by providing proof to the
contrary.

Example:

Jeff borrowed the car to Joy. On the due date of the obligation, Jeff told Joy that the car
was stolen and that he was not at fault. That is not enough to extinguish Jeff’s
obligation. It is presumed that the loss was due to his fault; hence, he is liable unless he
proves the contrary.

Suppose the house of Jeff was destroyed because of fire. It is admitted that there was a
fire and it was accidental and that car was in the house at the time it occurred. Here,
Jeff is not liable unless Joy proves fault on the part of Jeff. (Arts. 1174, 1262.)

 Obligation is not extinguished just by saying that you are not at fault, presumption
can be execute by proving that you are not liable, if you are Jeff.
 Presumption is not applicable in natural calamity, however, Joy can be proved
Jeff is still liable but, debtor is not presumed at fault.

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