No demand no delay
Except:
1. Obligation or law expressly says so
2. Useless to make a demand
3. Nature and circumstances of the obligation that time is of the essence
Exceptions example:
Exception no. 1: when the law expressly states so
Article 1165 one example of law where the obligor is liable
Article 1263 in an obligation to deliver a generic thing (rice, corn, sugar). It
will not extinguish. Even if fortuitous event
Example: deliver 1 truck of rice
Article 1262 if the obligation is to deliver a determinate thing, and if
(fortuitous event) happened without the fault of the debtor provided he has
no incurred delay yet free from responsibility
o
Insidious words/machinations
Purpose: induce one party to enter into a contact
Article 1330: Vices of consent: those which vitiates consent Voidable contracts
o
3 kinds of unenforceable contracts:
1. Contracts without authority or insufficient authority
Sell the land of my friend but I have no authority without authority
2. Statute of frauds
o must be reduced into writing
o 6 kinds of agreement
3. Both parties are incapable of giving consent
No conditions
Not a pure obligation: I will give you my ball pen tomorrow
Immediately demandable
o Those whose performance does not depend upon a future/certain
event
o Or depends upon a past event unknown to the parties
Suspensive condition
o
Obligations with a resolutory period take effect at once but terminates upon
the arrival of the day certain
Day certain? That which must necessarily come, although unknown when
Article 1189: rules in case of loss/deterioration of the thing during the pendency of
the condition in obligations with suspensive conditions.
-
The thing is lost without the fault of the debtor, extinguish the obligation
The thing is lost thru the fault of the debtor, he shall pay of damages
When is a thing lost?
Perishes
Goes out of commerce
Example: A will have the land if he passes the Bar exams. (subject to a suspensive
condition)
Alternative obligations:
Article 1199. When a person is alternatively bound by different prestations
-
Article 1200. right of choice belongs to the debtor, unless it has been expressly
granted to the creditor
Article 1202.
Article 1205. when the right of the choice is expressly granted to the creditor, the
obligation is no longer an alternative condition from the day the choice has been
communicated to the debtor.
Until the creditor communicated his choice, the following rules shall apply to govern
the responsibility of the debtor:
-
When one of the thing was lost thru fortuitous event, the debtor shall perform
his obligation by delivering what has been remained..
The loss or deterioration of the thing intended as a substitute thru the negligence of
the debtor, will not make the debtor liable.
But once the substitution has been made, the debtor is liable for the loss of the
substitute on account of delay, negligence, fraud.;
Article 1217.
In proportion to the debt of each
1223
1224
1226 liquidated damages
Contractor and owner
Subject to a penalty clause
If the engr does not complete in 6 months, pay penalty
Extinguishments of obligations
1231
1262
1279
Full reim
Beneficial reim
1457
Prelim