Article 1156

An obligation is a juridical necessity to give, to do or not to do

ORDINARY DELAY
-

to do something or give something within the stated time

The fact that im late whether to give it or to do it is delay in
fact ordinary delay

Legal delay
-

For the person to be in legal delay the creditor must issue a

demand
So that one can get damages and interest

Interest is not due unless its agreed upon unless youre in legal
delay

1170
Those who in the performance

What are damages?

Actual or compensatory damages
-

Damages that you have monetarily incurred

Moral damages
-

Sky is the limit for moral damages

Needs evidence

Exemplary damages
-

merely set as an example for the public so that no one will

follow what he did

Liquidated damages
-

a contract stating that you are liable for liquidated damages

no need to be proven
breach of contract in employment
ex: held liable to pay 1 000 000 if you leave this company

Attorneys fees
-

money will go to the one suing for the payment of the lawyer
will not go to the lawyer
perfection
there is an offer and performance

performance
-

there is delivery
someone delivered and payed

security should be more valuable or higher in value

two types of fraud in article 1344

Would I have entered the contract if I had known the fraud?
DOLO CAUSANTE

NO!!!

article 1338
inducement of entering into the contract
actual fraudulent inducement
fraud in order to invalidate the contract fraud must be serious
fraud as an incident
the fraud was the main cause of the problem
person will not have perfected the contract if one knows about

the fraud
can file case for the annulment

DOLO INCIDENTE
-

YES

would have entered in the contract anyway

the one affected can only claim damages and not annulment

NEGLIGENCE
What is the standard at which I will be held liable for damages
Omission of the diligence which is required by law, parties or the
nature of theobligation
If theres a bad faith in negligence its not negligence anymore its
fraud

If in good faith?
-

Natural and probable consequence of the negligence

If in bad faith
-

Negligence is now fraud

liable in Everything

Contributory Negligence
-

when debtor and creditor are both negligent in good faith

there will be a mitigation
o the damages that you are entitled will be lessen

because you are also negligent

when debtor and creditor are both negligent in bad faith then
the damages will be cancelled out

rescip soliqitur
-

the thing is self explanatory

no need to give proof

1338
fraud when through insidious words
there is fraud where through insidious words the other is induced to
enter into contract
1344
fraud must be serious to be annulled
delay
-

theres a delay in to give or to do

no delay in not to do
did not perform
demand is necessary to place a debtor in default either extra

judicial or judicial (lawsuit)

debtor performed but not in the tenor
when in delay interest starts to run

Law can hold creditor in delay

-

compensato more
o if one is ready to pay but the other cannot deliver the
one is in dlay
o no need to demand since its reciprocal obligation

contract of sale is the meeting of minds

no party is compelled to accept in parts, one has the right to not
accept

Fortuitous event
An event that is unforeseeable or even if foreseeable its
unavoidable

so obligation cannot be done in a normal manner

it must prevent debtor from performing his prestation in a

normal manner, may still perform but in an extreme manner

except:
o

in any obligation it doesnt end in delivery because debtor has a

right to accep or reject it

condition
Obligation is void when its dependent upon the will of the debtor
Impossible condition
-

a situation wherein not only the condition is nullified but also

the obligation
against the law

1180
1191
-

talks about reciprocal obligation

both parties are mutually creditors and debtors
power to rescind is implied
o rescind resolution, a power or right, it is a remedy
o no need to put in a clause that one can rescind
o breach must be substantial for the contract to rescind
substantial may be quantitatively or qualitatively
not only parties entitled to rescind party may also ask to
perform the obligation with damages

Donation
-

donee must accept or reject it

o because donation might be burdensome

when its a donation the one who received it owns it

Article 1192
-

mutual breach
person is liable
o liability is smaller because both parties breached

Period
-

a day certain wherein it is necessary to come although it

might not be known

Resolutory obligation
-

the obligation ends at the arrival of the period

Suspensive Period
-

the obligation starts at the arrival of the period

if debtor delivers the prestation earlier ( payment by mistake )

-

debtor has no right to ask the creditor to return the prestation

back beck?

Alternative Obligation
-

plurality of obligation
any of the prestation may suffice to fulfill the obligation
the debtor has the choice to deliver any of the
prestation
if one of the thing is lost or destroyed
o fortuitous event
debtor is not liable
debtor will choose from the remaining things
o destroyed some things

 debtor is not liable

o destroyed all things
debtor is liable
debtor needs to pay the value of the last thing
with damages

- the creditor has the choice to choose from any

prestation
o fortuitous event
creditor can choose from the remainder
debtor is not liable
o debtor destroyed some things
creditor can choose from the remainder or get the
value of the damaged thing plus damages
Joint Obligation
-

Numerous parties on the obligation

They are obligated to perform their PROPORTIONATE part
o What you committed to be liable
o If there is no indicated proportions it would be equal

Solidary Obligation
-

Numerous parties on the obligation

If the obligation is silent whether it is joint or solidary it is presumed

that it is joint
-