ARTICLES obliged to give support to the decreased, said

ARTICLE 1156 relatives shall reimburse the third person, should the
- An obligation is a juridical necessity to give, to do or latter claim reimbursement.
not to do. ARTICLE 2166
ARTICLE 1423 - When the person obliged to support an orphan, or an
- Natural obligations, not being based on positive law insane or other indigent person unjustly refuses to
but on equity and natural law, do not grant a right of give support to the latter, any third person may
action to enforce their performance, but after furnish support to the needy individual, with right of
voluntary fulfillment by the obligor, they authorize reimbursement from the person obliged to give
the retention of what has been delivered or rendered support. The provisions of this article apply when the
by reason thereof. father or mother of a child under eighteen years of
ARTICLE 1157 age unjustly refuses to support him.
- Obligations arise from law, contracts, quasi- ARTICLE 2167
contracts, Act or omissions punished by law and - When through an accident or other cause a person is
quasi-delicts. injured or becomes seriously ill, and he is treated or
ARTICLE 1158 helped while he is not in a condition to give consent
- Obligations derived from law are not presumed. Only to a contract, he shall be liable to pay for the services
those expressly determined in this code or in special of the physician or other person aiding him, unless
laws are demandable and shall be regulated by the the service has been rendered out of pure generosity.
precepts of the law which established them and as to ARTICLE 2168
what has not been foreseen, by the provision of the - When during a fire, flood, storm, or other calamity,
book. property is saved from destruction by another person
ARTICLE 1159 without the knowledge of the owner, the latter is
- Obligations arising from contracts have the force of bound to pay the former just compensation.
law between the contracting parties and should be ARTICLE 2169.
complied with in good faith. - When the government, upon the failure of any person
ARTICLE 1305 to comply with health or safety regulations
- A contract is a meeting of minds between two concerning property, undertakes to do the necessary
persons whereby one binds himself, with respect to work, even over his objection, he shall be liable to
the other, to give something or to render some pay the expenses.
service. ARTICLE 2170.
ARTICLE 1160 - When by accident or other fortuitous event, movables
- Obligations derived from quasi-contracts shall be separately pertaining to two or more persons are
subject to the provision of Chapter 1, Title XVII of commingled or confused, the rules on co-ownership
this book. shall be applicable.
ARTICLE 2142 ARTICLE 2171
- Certain lawful, voluntary and unilateral acts give rise - The rights and obligations of the finder of lost
to the juridical relation of quasi-contract to the end personal property shall be governed by Articles 719
that no one shall be unjustly enriched or benefited at and 720.
the expense of another. ARTICLE 2172
ARTICLE 2144 - The right of every possessor in good faith to
- Whoever voluntary takes charge of the agency or reimbursement for necessary and useful expenses is
management of the business or property of another, governed by Article 546.
without any power from the latter, is obliged to ARTICLE 2173.
continue the same until the termination of the affair - When a third person, without the knowledge of the
and its incidents, or to require the person concerned debtor, pays the debt, the rights of the former are
to substitute him, if the owner is in a position to do governed by Articles 1236 and 1237.
so. This juridical relation does not arise in either of ARTICLE 2174.
these instances. - When in a small community a nationality of the
ARTICLE 2154 inhabitants of age decide upon a measure for
- If something is received when there is no right to protection against lawlessness, fire, flood, storm or
demand it, and it was unduly delivered through other calamity, any one who objects to the plan and
mistake, the obligation to return it arises. refuses to contribute to the expenses but is benefited
ARTICLE 2164 by the project as executed shall be liable to pay his
- When, without the knowledge of the person obliged share of said expenses.
to give support, it is given by a stranger, the latter ARTICLE 2175.
shall have a right to claim the same from the former, - Any person who is constrained to pay the taxes of
unless it appears that he gave it out of piety and another shall be entitled to reimbursement from the
without intention of being repaid. latter.
ARTICLE 2165 ARTICLE 1161
- When funeral expenses are borne by a third person, - Civil obligations arising from criminal offenses shall
without the knowledge of those relatives who were be governed by the penal laws, subject to the
 provisions of Article 2177, and of the pertinent - The condition not to do an impossible thing shall be
provisions of Chapter 2, Preliminary Title, on Human considered as not having been agreed upon. (1116a)
Relations, and of the Title XVII of this Book, ARTICLE 1184.
regulating damanges. - The condition that some event happen at a
ARTICLE 1162. determinate time shall extinguish the obligation as
- Obligations derived from quasi-delicts shall be soon as the time expires or if it has become
governed by the provisions of Chapter 2, Title XVII indubitable that the event will not take place. (1117)
of this Book, and by special laws. ARTICLE 1185.
ARTICLE 2176. - The condition that some event will not happen at a
- Whoever by act or omission causes damage to determinate time shall render the obligation effective
another, there being fault or negligence, is obliged to from the moment the time indicated has elapsed, or if
pay for the damage done. Such fault or negligence, if it has become evident that the event cannot occur.
there is no pre-existing contractual relation between - If no time has been fixed, the condition shall be
the parties, is called a quasi-delict and is governed by deemed fulfilled at such time as may have probably
the provisions of this Chapter. been contemplated, bearing in mind the nature of the
ARTICLE 2180 obligation. (1118)
- The obligation to pay damages is demandable not ARTICLE 1186.
only for one's own acts or omissions, but also for - The condition shall be deemed fulfilled when the
those of persons for whom one is responsible. obligor voluntarily prevents its fulfillment. (1119).
ARTICLE 218 ARTICLE 1187.
- The school, together with its administrators and - The effects of a conditional obligation to give, once
teachers, exercise "special parental authority and the condition has been fulfilled, shall retroact to the
responsibility" over minor children while under their day of the constitution of the obligation.
instruction or custody. Nevertheless, when the obligation imposes reciprocal
ARTICLE 219 prestations upon the parties, the fruits and interests
- Those given the authority and responsibility under during the pendency of the condition shall be deemed
the preceding Article shall be principally and to have been mutually compensated. If the obligation
solidarily liable for damages caused by the acts or is unilateral, the debtor shall appropriate the fruits
omissions of the unemancipated minor. and interests received, unless from the nature and
circumstances of the obligation it should be inferred
CLASSIFICATIONS that the intention of the person constituting the same
ARTICLE. 1179. was different.
- Every obligation whose performance does not depend - In obligations to do and not to do, the courts shall
upon a future or uncertain event, or upon a past event determine, in each case, the retroactive effect of the
unknown to the parties, is demandable at once. condition that has been complied with. (1120)
- Every obligation which contains a resolutory ARTICLE 1188.
condition shall also be demandable, without prejudice - The creditor may, before the fulfillment of the
to the effects of the happening of the event. (1113) condition, bring the appropriate actions for the
ARTICLE 1180. preservation of his right.
- When the debtor binds himself to pay when his - The debtor may recover what during the same time
means permit him to do so, the obligation shall be he has paid by mistake in case of a suspensive
deemed to be one with a period, subject to the condition. (1121a)
provisions of Article 1197. ARTICLE 1189.
ARTICLE 1181. - When the conditions have been imposed with the
- In conditional obligations, the acquisition of rights, as intention of suspending the efficacy of an obligation
well as the extinguishment or loss of those already to give, the following rules shall be observed in case
acquired, shall depend upon the happening of the of the improvement, loss or deterioration of the thing
event which constitutes the condition. (1114) during the pendency of the condition:
ARTICLE 1182. - (1) If the thing is lost without the fault of the debtor,
- When the fulfillment of the condition depends upon the obligation shall be extinguished;
the sole will of the debtor, the conditional obligation - (2) If the thing is lost through the fault of the debtor,
shall be void. If it depends upon chance or upon the he shall be obliged to pay damages; it is understood
will of a third person, the obligation shall take effect that the thing is lost when it perishes, or goes out of
in conformity with the provisions of this Code. commerce, or disappears in such a way that its
(1115) existence is unknown or it cannot be recovered;
ARTICLE 1183. - (3) When the thing deteriorates without the fault of
- Impossible conditions, those contrary to good the debtor, the impairment is to be borne by the
customs or public policy and those prohibited by law creditor;
shall annul the obligation which depends upon them. - (4) If it deteriorates through the fault of the debtor,
If the obligation is divisible, that part thereof which is the creditor may choose between the rescission of the
not affected by the impossible or unlawful condition obligation and its fulfillment, with indemnity for
shall be valid. damages in either case;
 - (5) If the thing is improved by its nature, or by time, obligation has become due and demandable, may be
the improvement shall inure to the benefit of the recovered, with the fruits and interests
creditor; ARTICLE 1196
- (6) If it is improved at the expense of the debtor, he - Whenever in an obligation a period is designated, it is
shall have no other right than that granted to the presumed to have been established for the benefit of
usufructuary. (1122) both the How is the term or period computed?
ARTICLE 1190. ARTICLE 1197.
- When the conditions have for their purpose the - If the obligation does not fix a period, but from its
extinguishment of an obligation to give, the parties, nature and thecircumstances it can be inferred that
upon the fulfillment of said conditions, shall return to aperiod was intended, the courts may fix theduration
each other what they have received. thereof.
- In case of the loss, deterioration or improvement of ARTICLE 1198.
the thing, the provisions which, with respect to the - The debtor shall lose every right to make use of the
debtor, are laid down in the preceding article shall be period:
applied to the party who is bound to return. - (1)When after the obligation has been contracted, he
- As for the obligations to do and not to do, the becomes insolvent, unless he gives a guaranty or
provisions of the second paragraph of Article 1187 security for the debt;
shall be observed as regards the effect of the - (2) When he does not furnish to the creditor the
extinguishment of the obligation. (1123) guaranties or securities which he has promised;
ARTICLE 1191. - (3) When by his own acts he has impaired said
- The power to rescind obligations is implied in guaranties or securities after their establishment, and
reciprocal ones, in case one of the obligors should not when through a fortuitous event they disappear,
comply with what is incumbent upon him. unless he immediately gives new ones equally
- The injured party may choose between the fulfillment satisfactory;
and the rescission of the obligation, with the payment - (4) When the debtor violates any undertaking, in
of damages in either case. He may also seek consideration of which the creditor agreed to the
rescission, even after he has chosen fulfillment, if the period;
latter should become impossible. - (5) When the debtor attempts to abscond.
- The court shall decree the rescission claimed, unless ARTICLE 1199.
there be just cause authorizing the fixing of a period. - A person alternatively bound by different prestations
- This is understood to be without prejudice to the shall completely perform one of them.
rights of third persons who have acquired the thing, - The creditor cannot be compelled to receive part of
in accordance with Articles 1385 and 1388 and the one and part of the other undertaking.
Mortgage Law. (1124) ARTICLE 2000.
ARTICLE 1192. - The right of choice belongs to the debtor, unless it
- In case both parties have committed a breach of the has been expressly granted to the creditor.
obligation, the liability of the first infractor shall be - The debtor shall have no right to choose those
equitably tempered by the courts. If it cannot be prestations which are impossible, unlawful or which
determined which of the parties first violated the could not have been the object of the obligation.
contract, the same shall be deemed extinguished, and ARTICLE 1201.
each shall bear his own damages. (n) - The choice shall produce no effect except from the
ARTICLE1193. time it has been communicated. (1133)
- Obligations for whose fulfillment a day certain has ARTICLE 1202
been fixed, shallbe demandable only when that day - The debtor shall lose the right of choice when among
comes. the prestations whereby he is alternatively bound,
- Obligations with a resolutory period takeeffect at only one is practicable. ART. 1203. If Through The
once, but terminate upon arrival ofthe day certain. creditor’s acts the debtor cannot make a choice
- A day certain is understood to be that whichmust according to the terms of the obligation, the latter
necessarily come, although it may not be known may rescind the contract with damages.
when. - When debtor may rescind contract If through the
- If the uncertainty consists in whether theday will creditor’s fault, the debtor cannot made a choice
come or not, the obligation is conditional, and it shall according to the terms of the obligation the debtor is
be regulated by therules of the preceding section. given the right to rescind and recover damages.
(1125a) Article 1203.
ARTICLE 1194. - If through the creditor's acts the debtor cannot make a
- In case of loss, deterioration or improvement of the choice according to the terms of the obligation, the
thing before the arrival of the day certain, the rules in latter may rescind the contract with damages.
article 1189 shall be observed. ARTICLE 1204
ARTICLE 1195. - The creditor shall have a right to indemnity for
- Anything paid or delivered before the arrival of the period, damages when, through the fault of the debtor, all the
the obligor being unaware of the period or believing that the things which are alternatively the object of the
obligation have been lost, or the compliance of the
 obligation has become impossible. The indemnity - Novation, compensation, confusion or remission of
shall be fixed taking as a basis the value of the last the debt, made by any of the solidary creditors or
thing which disappeared, or that of the service which with any of the solidary debtors, shall extinguish the
last became impossible. Damages other than the obligation, without prejudice to the provisions of
value of the last thing or service may also be Article 1219.
awarded. (1135a) - The creditor who may have executed any of these
ARTICLE 1205 acts, as well as he who collects the debt, shall be
- When the choice has been expressly given to the liable to the others for the share in the obligation
creditor, the obligation shall cease to be alternative corresponding to them. (1143)
from the day when the selection has been ARTICLE 1216
communicated to the debtor. - The creditor may proceed against any one of the
ARTICLE 1206 solidary debtors or some or all of them
- When only one prestation has been agreed upon, but simultaneously. The demand made against one of
the obligor may render another in substitution, the them shall not be an obstacle to those which may
obligation is called facultative. subsequently be directed against the others, so long
ARTICLE 1207 as the debt has not been fully collected. (1144a)
- The concurrence of two or more creditors or of two ARTICLE 1217.
or more debtors in one and the same obligation does - Payment made by one of the solidary debtors
not imply that each one of the former has a right to extinguishes the obligation. If two or more solidary
demand, or that each one of the latter is bound to debtors offer to pay, the creditor may choose which
render, entire compliance with the prestation. There offer to accept.
is a solidary liability only when the obligation - He who made the payment may claim from his co-
expressly so states, or when the law or the nature of debtors only the share which corresponds to each,
the obligation requires solidarity. (1137a) with the interest for the payment already made. If the
ARTICLE 1208 payment is made before the debt is due, no interest
- If from the law, or the nature or the wording of the for the intervening period may be demanded.
obligations to which the preceding article refers the - When one of the solidary debtors cannot, because of
contrary does not appear, the credit or debt shall be his insolvency, reimburse his share to the debtor
presumed to be divided into as many shares as there paying the obligation, such share shall be borne by all
are creditors or debtors, the credits or debts being his co-debtors, in proportion to the debt of each.
considered distinct from one another, subject to the (1145a)
Rules of Court governing the multiplicity of suits. ARTICLE 1218.
(1138a) - Payment by a solidary debtor shall not entitle him to
ARTICLE 1209 reimbursement from his co-debtors if such payment
- If the division is impossible, the right of the creditors is made after the obligation has prescribed or become
may be prejudiced only by their collective acts, and illegal. (n)
the debt can be enforced only by proceeding against ARTICLE 1219.
all the debtors. If one of the latter should be - The remission made by the creditor of the share
insolvent, the others shall not be liable for his share. which affects one of the solidary debtors does not
(1139). release the latter from his responsibility towards the
ARTICLE 1210. co-debtors, in case the debt had been totally paid by
- The indivisibility of an obligation does not anyone of them before the remission was effected.
necessarily give rise to solidarity. Nor does solidarity (1146a)
of itself imply indivisibility. (n) ARTICLE 1220.
ARTICLE 1211. - The remission of the whole obligation, obtained by
- Solidarity may exist although the creditors and the one of the solidary debtors, does not entitle him to
debtors may not be bound in the same manner and by reimbursement from his co-debtors. (n)
the same periods and conditions. (1140) ARTICLE 1221
ARTICLE 1212. - If the thing has been lost or if the prestation has
- Each one of the solidary creditors may do whatever become impossible without the fault of the solidary
may be useful to the others, but not anything which debtors, the obligation shall be extinguished.
may be prejudicial to the latter. (1141a) - If there was fault on the part of any one of them, all
ARTICLE 1213. shall be responsible to the creditor, for the price and
- A solidary creditor cannot assign his rights without the payment of damages and interest, without
the consent of the others. (n) prejudice to their action against the guilty or
ARTICLE 1214. negligent debtor.
- The debtor may pay any one of the solidary creditors; - If through a fortuitous event, the thing is lost or the
but if any demand, judicial or extrajudicial, has been performance has become impossible after one of the
made by one of them, payment should be made to solidary debtors has incurred in delay through the
him. (1142a) judicial or extrajudicial demand upon him by the
ARTICLE 1215 creditor, the provisions of the preceding paragraph
shall apply. (1147a)
ARTICLE 1222. impossible without his fault, the penalty may be
- A solidary debtor may, in actions filed by the enforced. (1153a)
creditor, avail himself of all defenses which are ARTICLE 1228.
derived from the nature of the obligation and of those - Proof of actual damages suffered by the creditor is
which are personal to him, or pertain to his own not necessary in order that the penalty may be
share. With respect to those which personally belong demanded. (n)
to the others, he may avail himself thereof only as ARTICLE 1229.
regards that part of the debt for which the latter are - The judge shall equitably reduce the penalty when
responsible. (1148a) the principal obligation has been partly or irregularly
ARTICLE 1223 complied with by the debtor. Even if there has been
- The divisibility or indivisibility of the things that are no performance, the penalty may also be reduced by
the object of obligations in which there is only one the courts if it is iniquitous or unconscionable.
debtor and only one creditor does not alter or modify (1154a)
the provisions of Chapter 2 of this Title. (1149) ARTICLE 1230.
ARTICLE 1224 - The nullity of the penal clause does not carry with it
- A joint indivisible obligation gives rise to indemnity that of the principal obligation.
for damages from the time anyone of the debtors does - The nullity of the principal obligation carries with it
not comply with his undertaking. The debtors who that of the penal clause. (1155)
may have been ready to fulfill their promises shall ARTICLE 1163
not contribute to the indemnity beyond the - Every person obliged to give something is also
corresponding portion of the price of the thing or of obliged to take care of it with the proper diligence of
the value of the service in which the obligation a good father of a family, unless the law or the
consists. (1150) stipulation of the parties requires another standard of
ARTICLE 1225. care. (1094a)
- For the purposes of the preceding articles, obligations ARTICLE 1164
to give definite things and those which are not - The creditor has a right to the fruits of the thing from
susceptible of partial performance shall be deemed to the time the obligation to deliver it arises. However,
be indivisible. he shall acquire no real right over it until the same
- When the obligation has for its object the execution has been delivered to him. (1095)
of a certain number of days of work, the ARTICLE 1166
accomplishment of work by metrical units, or - The obligation to give a determinate thing includes
analogous things which by their nature are that of delivering all its accessions and accessories,
susceptible of partial performance, it shall be even though they may not have been mentioned.
divisible. (1097a)
- However, even though the object or service may be ARTICLE 1244
physically divisible, an obligation is indivisible if so - The debtor of a thing cannot compel the creditor to
provided by law or intended by the parties. receive a different one, although the latter may be of
- In obligations not to do, divisibility or indivisibility the same value as, or more valuable than that which
shall be determined by the character of the prestation is due.
in each particular case. (1151a) - In obligations to do or not to do, an act or
ARTICLE 1226 forbearance cannot be substituted by another act or
- In obligations with a penal clause, the penalty shall forbearance against the obligee's will. (1166a)
substitute the indemnity for damages and the ARTICLE 1246
payment of interests in case of noncompliance, if - When the obligation consists in the delivery of an
there is no stipulation to the contrary. Nevertheless, indeterminate or generic thing, whose quality and
damages shall be paid if the obligor refuses to pay the circumstances have not been stated, the creditor
penalty or is guilty of fraud in the fulfillment of the cannot demand a thing of superior quality. Neither
obligation. can the debtor deliver a thing of inferior quality. The
- The penalty may be enforced only when it is purpose of the obligation and other circumstances
demandable in accordance with the provisions of this shall be taken into consideration. (1167a)
Code. (1152a) ARTICLE 1169
ARTICLE 1227. - Those obliged to deliver or to do something incur in
- The debtor cannot exempt himself from the delay from the time the obligee judicially or
performance of the obligation by paying the penalty, extrajudicially demands from them the fulfillment of
save in the case where this right has been expressly their obligation.
reserved for him. Neither can the creditor demand the - However, the demand by the creditor shall not be
fulfillment of the obligation and the satisfaction of necessary in order that delay may exist:
the penalty at the same time, unless this right has - (1) When the obligation or the law expressly so
been clearly granted him. However, if after the declare; or
creditor has decided to require the fulfillment of the - (2) When from the nature and the circumstances of
obligation, the performance thereof should become the obligation it appears that the designation of the
time when the thing is to be delivered or the service
 is to be rendered was a controlling motive for the - Except in cases expressly specified by the law, or
establishment of the contract; or when it is otherwise declared by stipulation, or when
- (3) When demand would be useless, as when the the nature of the obligation requires the assumption
obligor has rendered it beyond his power to perform. of risk, no person shall be responsible for those
- In reciprocal obligations, neither party incurs in delay events which could not be foreseen, or which, though
if the other does not comply or is not ready to comply foreseen, were inevitable. (1105a)
in a proper manner with what is incumbent upon him. ARTICLE 1177
From the moment one of the parties fulfills his - The creditors, after having pursued the property in
obligation, delay by the other begins. (1100a). possession of the debtor to satisfy their claims, may
exercise all the rights and bring all the actions of the
ARTICLE 1171. latter for the same purpose, save those which are
- Responsibility arising from fraud is demandable in all inherent in his person; they may also impugn the acts
obligations. Any waiver of an action for future fraud which the debtor may have done to defraud them.
is void. (1102a) (1111)
ARTICLE 1172. ARTICLE 1246.
- Responsibility arising from negligence in the - When the obligation consists in the delivery of an
performance of every kind of obligation is also indeterminate or generic thing, whose quality and
demandable, but such liability may be regulated by circumstances have not been stated, the creditor
the courts, according to the circumstances. (1103) cannot demand a thing of superior quality. Neither
ARTICLE 1173 can the debtor deliver a thing of inferior quality. The
- The fault or negligence of the obligor consists in the purpose of the obligation and other circumstances
omission of that diligence which is required by the shall be taken into consideration. (1167a)
nature of the obligation and corresponds with the ARTICLE 1268.
circumstances of the persons, of the time and of the - When the debt of a thing certain and determinate
place. When negligence shows bad faith, the proceeds from a criminal offense, the debtor shall not
provisions of Articles 1171 and 2201, paragraph 2, be exempted from the payment of its price, whatever
shall apply. may be the cause for the loss, unless the thing having
- If the law or contract does not state the diligence been offered by him to the person who should receive
which is to be observed in the performance, that it, the latter refused without justification to accept it.
which is expected of a good father of a family shall (1185)
be required. (1104a) ARTICLE 1381.
ARTICLE 1165 - The following contracts are rescissible:
- When what is to be delivered is a determinate thing, - (1) Those which are entered into by guardians
the creditor, in addition to the right granted him by whenever the wards whom they represent suffer
Article 1170, may compel the debtor to make the lesion by more than one-fourth of the value of the
delivery. things which are the object thereof;
- If the thing is indeterminate or generic, he may ask - (2) Those agreed upon in representation of absentees,
that the obligation be complied with at the expense of if the latter suffer the lesion stated in the preceding
the debtor. number;
- If the obligor delays, or has promised to deliver the - (3) Those undertaken in fraud of creditors when the
same thing to two or more persons who do not have latter cannot in any other manner collect the claims
the same interest, he shall be responsible for any due them;
fortuitous event until he has effected the delivery. - (4) Those which refer to things under litigation if
(1096) they have been entered into by the defendant without
ARTICLE 1167. the knowledge and approval of the litigants or of
- If a person obliged to do something fails to do it, the competent judicial authority;
same shall be executed at his cost. - (5) All other contracts specially declared by law to be
- This same rule shall be observed if he does it in subject to rescission. (1291a).
contravention of the tenor of the obligation.
Furthermore, it may be decreed that what has been ARTICLE 1652
poorly done be undone. (1098) - The sublessee is subsidiarily liable to the lessor for
ARTICLE 1168. any rent due from the lessee. However, the sublessee
- When the obligation consists in not doing, and the shall not be responsible beyond the amount of rent
obligor does what has been forbidden him, it shall due from him, in accordance with the terms of the
also be undone at his expense. (1099a) sublease, at the time of the extrajudicial demand by
ARTICLE 1170. the lessor.
- Those who in the performance of their obligations are - Payments of rent in advance by the sublessee shall be
guilty of fraud, negligence, or delay, and those who deemed not to have been made, so far as the lessor's
in any manner contravene the tenor thereof, are liable claim is concerned, unless said payments were
for damages. (1101) effected in virtue of the custom of the place. (1552a).
ARTICLE 1174. ARTICLE 1729
 - Those who put their labor upon or furnish materials - (4) If he allows others to use it, even though he
for a piece of work undertaken by the contractor have himself may have been authorized to use the same.
an action against the owner up to the amount owing (n)
from the latter to the contractor at the time the claim ARTICLE 2001
is made. However, the following shall not prejudice - The act of a thief or robber, who has entered the hotel
the laborers, employees and furnishers of materials: is not deemed force majeure, unless it is done with
- (1) Payments made by the owner to the contractor the use of arms or through an irresistible force. (n)
before they are due; ARTICLE 2147
- (2) Renunciation by the contractor of any amount due - The officious manager shall be liable for any
him from the owner. fortuitous event:
- This article is subject to the provisions of special - (1) If he undertakes risky operations which the owner
laws. (1597a) was not accustomed to embark upon;
- (2) If he has preferred his own interest to that of the
ARTICLE 1608. owner;
- The vendor may bring his action against every - (3) If he fails to return the property or business after
possessor whose right is derived from the vendee, demand by the owner;
even if in the second contract no mention should have - (4) If he assumed the management in bad faith.
been made of the right to repurchase, without (1891a)
prejudice to the provisions of the Mortgage Law and
the Land Registration Law with respect to third
persons. (1510).
ARTICLE 1893.
- In the cases mentioned in Nos. 1 and 2 of the
preceding article, the principal may furthermore bring
an action against the substitute with respect to the
obligations which the latter has contracted under the
substitution. (1722a).
ARTICLE 552
- A possessor in good faith shall not be liable for the
deterioration or loss of the thing possessed, except in
cases in which it is proved that he has acted with
fraudulent intent or negligence, after the judicial
summons.
- A possessor in bad faith shall be liable for
deterioration or loss in every case, even if caused by
a fortuitous event.
ARTICLE 1942.
- The bailee is liable for the loss of the thing, even if it
should be through a fortuitous event
- (1) If he devotes the thing to any purpose different
from that for which it has been loaned;
- (2) If he keeps it longer than the period stipulated, or
after the accomplishment of the use for which
the commodatum has been constituted;
- (3) If the thing loaned has been delivered with
appraisal of its value, unless there is a stipulation
exemption the bailee from responsibility in case of a
fortuitous event;
- (4) If he lends or leases the thing to a third person,
who is not a member of his household;
- (5) If, being able to save either the thing borrowed or
his own thing, he chose to save the latter. (1744a and
1745).

ARTICLE 1979
- The depositary is liable for the loss of the thing
through a fortuitous event:
- (1) If it is so stipulated;
- (2) If he uses the thing without the depositor's
permission;
- (3) If he delays its return;