Article 1156. An obligation is a juridical necessity to give, to 1.
When the obligation or the law expressly so
do, or not to do. declares; or
Article 1157. Obligations arise from: Law; Contracts; Quasi- 2. When from the nature and the circumstances of the
Contracts; Acts or omissions punished by law; and Quasi- obligation it appears that the designation of the time when
Delicts. the thing is to be delivered or the service is to be rendered
was a controlling motive for the establishment of the
Article 1158. Obligations derived from the are not presumed.
contract; or
Only those expressly determined in this code or in special
laws are demandable, and shall be regulated by the precepts 3. When demand would be useless, as when the
of the law which establishes them. And as to what has not obligor has rendered it beyond his power to perform.
been foreseen, by the provisions of this book.
In reciprocal obligations, neither party incurs in delay if the
Article 1159. Obligation arising from contracts have the force other does not comply or is not ready to comply in a proper
of the law between the contracting parties and should be manner with what is incumbent upon him. From the
complied with in good faith. moment one of the parties fulfills his obligation, delay by the
other begins. (1100a)
Article 1160. Obligations derived from quasi-contracts shall
be subject to the provisions of Chapter 1, Title XVII of this Article 1170. Those who in the performance of their
book. (n) obligations are guilty of fraud, negligence, or delay and who
in the manner contravene the tenor thereof, are liable for
Article 1161. Civil obligations arising from criminal offenses
damages. (1101)
shall be governed by the penal laws, subject to the
provisions of Article 2177, and of the pertinent provisions of Article 1171. Responsibility arising from fraud is demandable
Chapter 2, Preliminary Title, on Human Relations, and the in all obligations. Any waiver of an action for future fraud is
Title XVIII of this Book, regulating damages. (1092a) void. (1102a)
Article 1162. Obligations derived from quasi-delicts shall be Article 1172. Responsibility arising from negligence in the
governed by the provisions of Chapter 2, Title XVII of this performance of every kind of obligation is also demandable,
Book, and by special laws. (1093a.) but such liability may be regulated by the courts, according
to the circumstances. (1103)
Article 1163. Every person obliged to give something is also
obliged to take care of it with proper diligence of a good Article 1173. The fault or negligence of the obligor consists in
father of a family, unless the law or the stipulation of the the omission of that diligence which is required by the
parties requires another standard of care. (1094a) nature of the obligation and corresponds with the
circumstances of the person, of the time and the place.
Article 1164. The creditor has a right to the fruits of the thing
When the negligence shows bad faith, the provisions of
from the time to deliver it arises. However, he shall acquire
Articles 1171 and 2201, paragraph 2, shall apply.
no real right over it until the same has been delivered to him.
(1095) If the law or contract does not state the diligence which is to
be observed in the performance, that which is expected of a
Article 1165. When what is to be delivered is a determinate
good father of a family shall be required. (1104a)
thing, the creditor, in addition to the right granted to him by
article 1170, may compel the debtor to make the delivery. Article 1174. Except in the cases expressly specified by the
law, or when it is otherwise declared by stipulation, or when
If the thing is Indeterminate/generic, he may ask that the
the nature of the obligation requires the assumption of risk,
obligation be complied with at the expense of the debtor.
no person shall be responsible for those events which could
If the obligor, or has promised to deliver the same thing to not be foreseen, or which though foreseen, were inevitable.
two or more persons who do not have the same interest, he (1105a)
shall be responsible for fortuitous event until he has affected
Article 1175. Usurious transactions shall be governed by
the delivery. (1096)
special laws. (n)
Article 1166. The obligation to give a determinate thing
Article 1176. The receipt of the principal by the creditor,
includes that of delivering all its accessions and accessories,
without reservation with respect to the interest, shall give
even though they may not have been mentioned. (1097a)
rise to the presumption that said interest has been paid.
Article 1167. If a person obliged to do something fails to do
The receipt of a later installment of a debt without
it, the same shall be executed at his cost.
reservation as to prior installments, shall likewise raise the
This same rule shall be observed if he does it in a presumption that such installments have been paid. (1110a)
contravention to the tenor of the obligation. Furthermore, it
Article 1177. The creditors, after having pursued the
may be decreed that what has been poorly done be undone.
property in possession of the debtor to satisfy their claims,
Article 1168. When the obligation consists in not doing, and may exercise all the rights and bring all the actions of the
the obligor does what has been forbidden him, it shall also latter of the same purpose, save those which are inherent in
be undone at his expense. (1099a) his person; they may also impugn the acts which the debtor
may have done to defraud them. (1111)
Article 1169. Those obliged to deliver or to do something
incur in delay from the time the obligee judicially or Article 1178. Subject to the laws, all rights acquired in virtue
extrajudicially demands from them the fulfillment of their of an obligation are transmissible, if there has been no
obligation. stipulation to the contrary. (1112)
However, the demand by the creditor shall not be necessary
in order that delay may exist: