2ndReading Assignment for Obligations and ⮚ Ownership is acquired by occupation
Contract (Read and Research the following): and by intellectual creation.
Articles 29-30,33;712;1156 -1198; 2142-2163; Ownership and other real rights over
2176-2177 of the New Civil Code property are acquired and transmitted
by law, by donation, by testate and
Article 29 intestate succession, and in
⮚ When the accused in a criminal consequence of certain contracts, by
prosecution is acquitted on the tradition. They may also be acquired
ground that his guilt has not been by means of prescription. (609a)
proved beyond reasonable doubt, a
civil action for damages for the same Article 1179
act or omission may be instituted. ⮚ Every obligation whose performance
Such action requires only a does not depend upon a future or
preponderance of evidence. Upon uncertain event, or upon a past event
motion of the defendant, the court unknown to the parties, is
may require the plaintiff to file a bond demandable at once. Every obligation
to answer for damages in case the which contains a resolutory condition
complaint should be found to be shall also be demandable, without
malicious. If in a criminal case the prejudice to the effects of the
judgment of acquittal is based upon happening of the event. (1113)
reasonable doubt, the court shall so
declare. In the absence of any Article 1180.
declaration to that effect, it may be ⮚ When the debtor binds himself to pay
inferred from the text of the decision when his means permit him to do so,
whether or not the acquittal is due to the obligation shall be deemed to be
that ground. one with a period, subject to the
provisions of article 1197. (n)
Article 30
⮚ When a separate civil action is Article 1181.
brought to demand civil liability ⮚ In conditional obligations, the
arising from a criminal offense, and acquisition of rights, as well as the
no criminal proceedings are instituted extinguishment or loss of those
during the pendency of the civil case, already acquired, shall depend upon
a preponderance of evidence shall the happening of the event which
likewise be sufficient to prove the act constitutes the condition. (1114)
complained of. Article 1182.
⮚ When the fulfillment of the condition
Article 33 depends upon the sole will of the
⮚ In cases of defamation, fraud, and debtor, the conditional obligation
physical injuries a civil action for shall be void. If it depends upon
damages, entirely separate and chance or upon the will of a third
distinct from the criminal action, may person, the obligation shall take
be brought by the injured party. Such effect in conformity with the
civil action shall proceed provisions of this Code. (1115)
independently of the criminal
prosecution, and shall require only a Article 1183.
preponderance of evidence. ⮚ Impossible conditions, those contrary
to good customs or public policy and
Article 712 those prohibited by law shall annul
the obligation which depends upon obligation it should be inferred that
them. If the obligation is divisible, the intention of the person
that part thereof which is not affected constituting the same was different.
by the impossible or unlawful In obligations to do and not to do, the
condition shall be valid. The courts shall determine, in each case,
condition not to do an impossible the retroactive effect of the condition
thing shall be considered as not that has been complied with. (1120)
having been agreed upon. (1116a)
Article 1188.
Article 1184. ⮚ The creditor may, before the
⮚ The condition that some event fulfillment of the condition, bring the
happen at a determinate time shall appropriate actions for the
extinguish the obligation as soon as preservation of his right.
the time expires or if it has become The debtor may recover what during the
indubitable that the event will not same time he has paid by mistake in case of
take place. (1117) a suspensive condition. (1121a)
Article 1185. Article 1189.
⮚ The condition that some event will ⮚ When the conditions have been
not happen at a determinate time shall imposed with the intention of
render the obligation effective from suspending the efficacy of an
the moment the time indicated has obligation to give, the following rules
elapsed, or if it has become evident shall be observed in case of the
that the event cannot occur. If no time improvement, loss or deterioration of
has been fixed, the condition shall be the thing during the pendency of the
deemed fulfilled at such time as may condition:
have probably been contemplated, (1) If the thing is lost without the fault of
bearing in mind the nature of the the debtor, the obligation shall be
obligation. (1118) extinguished;
(2) If the thing is lost through the fault of
Article 1186. the debtor, he shall be obliged to pay
⮚ The condition shall be deemed damages; it is understood that the
fulfilled when the obligor voluntarily thing is lost when it perishes, or goes
prevents its fulfillment. (1119) out of commerce, or disappears in
such a way that its existence is
Article 1187. unknown or it cannot be recovered;
⮚ The effects of a conditional (3) When the thing deteriorates without
obligation to give, once the condition the fault of the debtor, the impairment
has been fulfilled, shall retroact to the is to be borne by the creditor;
day of the constitution of the (4) If it deteriorates through the fault of
obligation. Nevertheless, when the the debtor, the creditor may choose
obligation imposes reciprocal between the rescission of the
prestations upon the parties, the fruits obligation and its fulfillment, with
and interests during the pendency of indemnity for damages in either case;
the condition shall be deemed to have (5) If the thing is improved by its nature,
been mutually compensated. If the or by time, the improvement shall
obligation is unilateral, the debtor inure to the benefit of the creditor;
shall appropriate the fruits and (6) If it is improved at the expense of the
interests received, unless from the debtor, he shall have no other right
nature and circumstances of the
than that granted to the usufructuary. be deemed extinguished, and each
(1122) shall bear his own damages. (n)
Article 1190. SECTION 2 Obligations with a Period
⮚ When the conditions have for their
purpose the extinguishment of an Article 1193.
obligation to give, the parties, upon ⮚ Obligations for whose fulfillment a
the fulfillment of said conditions, day certain has been fixed, shall be
shall return to each other what they demandable only when that day
have received. In case of the loss, comes. Obligations with a resolutory
deterioration or improvement of the period take effect at once, but
thing, the provisions which, with terminate upon arrival of the day
respect to the debtor, are laid down in certain. A day certain is understood to
the preceding article shall be applied be that which must necessarily come,
to the party who is bound to return. although it may not be known when.
As for the obligations to do and not to If the uncertainty consists in whether
do, the provisions of the second the day will come or not, the
paragraph of article 1187 shall be obligation is conditional, and it shall
observed as regards the effect of the be regulated by the rules of the
extinguishment of the obligation. preceding Section. (1125a)
(1123)
Article 1191.
⮚ The power to rescind obligations is Article 1194.
implied in reciprocal ones, in case ⮚ In case of loss, deterioration or
one of the obligors should not comply improvement of the thing before the
with what is incumbent upon him. arrival of the day certain, the rules in
The injured party may choose article 1189 shall be observed. (n)
between the fulfillment and the
rescission of the obligation, with the Article 1195.
payment of damages in either case. ⮚ Anything paid or delivered before the
He may also seek rescission, even arrival of the period, the obligor
after he has chosen fulfillment, if the being unaware of the period or
latter should become impossible. The believing that the obligation has
court shall decree the rescission become due and demandable, may be
claimed, unless there be just cause recovered, with the fruits and
authorizing the fixing of a period. interests. (1126a)
This is understood to be without
prejudice to the rights of third Article 1196.
persons who have acquired the thing, ⮚ Whenever in an obligation a period is
in accordance with articles 1385 and designated, it is presumed to have
1388 and the Mortgage Law. (1124) been established for the benefit of
both the creditor and the debtor,
Article 1192. unless from the tenor of the same or
⮚ In case both parties have committed a other circumstances it should appear
breach of the obligation, the liability that the period has been established in
of the first infractor shall be equitably favor of one or of the other. (1127)
tempered by the courts. If it cannot be
determined which of the parties first Article 1197.
violated the contract, the same shall
⮚ If the obligation does not fix a period, ⮚ Responsibility for fault or negligence
but from its nature and the under the preceding article is entirely
circumstances it can be inferred that separate and distinct from the civil
a period was intended, the courts may liability arising from negligence
fix the duration thereof. The courts under the Penal Code. But the
shall also fix the duration of the plaintiff cannot recover damages
period when it depends upon the will twice for the same act or omission of
of the debtor. In every case, the courts the defendant.(n)
shall determine such period as may
under the circumstances have been
probably contemplated by the parties.
Once fixed by the courts, the period
cannot be changed by them. (1128a)
Article 1198.
⮚ The debtor shall lose every right to
make use of the period:
1) When after the obligation has been
contracted, he becomes insolvent,
unless he gives a guaranty or security
for the debt;
2) When he does not furnish to the
creditor the guaranties or securities
which he has promised;
3) When by his own acts he has
impaired said guaranties or securities
after their establishment, and when
through a fortuitous event they
disappear, unless he immediately
gives new ones equally satisfactory;
4) When the debtor violates any
undertaking, in consideration of
which the creditor agreed to the
period;
5) When the debtor attempts to abscond.
(1129a)
Article 2176.
⮚ Whoever by act or omission causes
damage to another, there being fault
or negligence, is obliged to pay for
the damage done. Such fault or
negligence, if there is no pre-existing
contractual relation between the
parties, is called a quasi-delict and is
governed by the provisions of this
Chapter. (1902a)
Article 2177.
