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Obliconweek2 Thursd

The document discusses the remedies available to a creditor in the event of a breach of obligation by the debtor under Philippine law. It outlines that in determinate obligations to give a specific thing, the creditor has the right to compel specific performance by the debtor. In generic obligations to give, the creditor can request delivery of an item of the stipulated class or genus. For obligations to do, the creditor can request substituted performance or undoing of poor work. In obligations not to do, the creditor can request the undoing of any forbidden acts at the debtor's expense, subject to exceptions if undoing is not feasible.

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Dinn Glea Marie Caday
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38 views2 pages

Obliconweek2 Thursd

The document discusses the remedies available to a creditor in the event of a breach of obligation by the debtor under Philippine law. It outlines that in determinate obligations to give a specific thing, the creditor has the right to compel specific performance by the debtor. In generic obligations to give, the creditor can request delivery of an item of the stipulated class or genus. For obligations to do, the creditor can request substituted performance or undoing of poor work. In obligations not to do, the creditor can request the undoing of any forbidden acts at the debtor's expense, subject to exceptions if undoing is not feasible.

Uploaded by

Dinn Glea Marie Caday
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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III.

Remedies of Creditor in Case of Breach


A. Action for performance
1. Action for specific performance In obligation to give a specific thing – Art1165 par,1; ROC 39, Sec.10
2. Action for substituted performance In obligation to give generic thing – art 1165 par.2
3. Action for substituted performance or undoing of poor work in obligation to do – Art. 1167
4. Action for undoing In obligation not to do –Art. 1168
a. Exception B. Action for damages – Art.1170 C. Action for rescission – Art/ 1191,1192

A. Action for performance


1. Action for specific performance In obligation to give a specific thing – Art1165 par,1; ROC
39, Sec.10
In determinate obligations to give, the creditor has
the following rights:
1. The right to compel specific
performance, as stated in Article 1165 and
complemented by Article 1244, meaning the
debtor must deliver the specified item as agreed
upon. If the debtor fails to comply or offers a
different item, the creditor can file a legal action
to enforce specific performance.

• In determinate obligations, the obligations of the debtor are:


1. To specifically perform the obligation, meaning the debtor must deliver the specified item.

• In generic obligations, the obligations of the debtor are:


1. To deliver an item of neither superior nor inferior quality from the stipulated class or genus.
2. To be liable for damages in case of breach of the obligation due to delay, fraud, negligence, or
violation of the agreement.

2. Action for substituted performance In obligation to give generic thing – art 1165
par.2
In generic obligations to give, the creditor has the following rights:
1. The right to request performance of the
obligation, wherein the debtor must deliver an
item belonging to the stipulated class or
genus, neither superior nor inferior in quality.
2. The right to expect the debtor to take
care of the delivered item with the proper
diligence of a responsible person.

3. Action for substituted performance or undoing of poor work in obligation to do – Art.


1167

Cases: Chavez v. Gonzales, supra .


Tanguilig v. CA. 266 SCRA 78 (1997)
4. Action for undoing In obligation not to do –Art. 1168
a. Exception
De Leon: Effects of Breach. — In obligations not to do (negative personal obligations), the object of the
obligation is fulfilled or realized so long as that which is forbidden is not done by the obligor. If the
obligor does what has been forbidden him, two remedies are available to the obligee — to have it
undone at the expense of the obligor in accordance with Art. 1168 and to ask for damages in accordance
with Art. 1170.

EXCEPTION:
• When the only feasible remedy is indemnification for the damages caused.
• If has become impossible to undo the thing physically or legally o If the act is definite
and will not cease even if undone.

Notes:

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