OBLICON 1/30/2018 ACJUCO 1

Article 1193 Lost*

Obligations for whose fulfillment a day certain has been
fixed shall be demandable only when that day comes
 Without fault of the Obligation is extinguished
debtor
(SUSPENSIVE).

Obligations with a resolutory period take effect at once,  Fault of the debtor Obligation to pay damages
but terminate upon arrival of the day certain.
Deteriorates*
A day certain is understood to be that which must
necessarily come, although it may not be known when.  Without fault of the The impairment is borne by
If the uncertainty consists in whether the day will come or debtor the creditor
not, the obligation is conditional, and it shall be regulated
by the rules of the preceding Section. (1125a) The creditor may choose to
rescind with indemnity for
Discussion:  Fault of the debtor damages, or have it fulfilled,
but still with indemnity for
Period and term have the same meaning and are used damages
interchangeably. It consists in a space or length of time upon
the arrival of which, the demandability or extinguishment of an Improvement*
obligation is determined.
Inures to the benefit of the
General classification of terms or period in Roman Law
 By its nature/time creditor
1. Ex Die – a term or period with a suspensive effect, which
means the obligation becomes effective only from the arrival of The debtor shall have no
 At the expense of other right than that granted
a certain day.
the debtor to the usufructuary.
Illustration: Joey promises to support Rachel from the death
*It is understood that the thing is lost when it perishes, or goes
of Rachel’s father, which means the obligation only begins
out of commerce, or disappears in such a way that its
from the death of Rachel’s father.
existence is unknown or it cannot be recovered.
Illustration:
2. In Diem – a term or period with a resolutory effect, which
Jay obliged himself to sell his yacht to Zola at half its
means the obligation will subsist up to a certain day and it
purchasing price on Zola’s graduation, provided Zola
terminates upon the arrival of that day.
graduates on time. On April 25, 2016, Zola graduated, on time
and with honors. However, the day before his graduation,
Illustration: Joey promises to support Rachel until Rachel
Typhoon Hayan destroyed the yacht. Since the loss happened
reaches her majority age, which means the obligation is
before the day certain, and the loss was due to a fortuitous
already effective but will terminate once Rachel turns 18.
event, the obligation of Jay to sell his yacht to Zola is
extinguished.
Other classifications:
1. Legal – when period is fixed by law;
2. Voluntary – when the period is agreed upon by the parties; Article 1195
3. Judicial – when the period is fixed by the court for the
performance of the obligation or for its extinguishment Anything paid or delivered before the arrival of the period,
the obligor being unaware of the period or believing that
“On or About Period” the obligation has become due and demandable, may be
“On or about” a given date means only a few days after the recovered, with the fruits and interests. (1126a)
stated date, but not a remote date or one fixed by the obligor. Anumang bagay na nabayaran o naipadala bago dumating ang
takdang panahon, ang nangutang na hindi alam ang takdang
Requisites for a valid term or period: panahon o naniniwalang ang obligasyon ay tapos na at
1. It must be future; nagawa na, ay maaring maibalik pa kasama ang bunga at
2. It must be certain, that is, sure to come but may be extended interest.
by mutual agreement; Discussion:
3. It must be possible physically and legally. *Situations when there can be no recovery even if conditions in
the article are present;
1. When the obligation is reciprocal and there has been
Article 1194 premature performance on both sides;
2. When the obligation is a loan on which the debtor is
In case of loss, deterioration or improvement of the thing
bound to pay interest: and.
before the arrival of the day certain, the rules in Article
3. When the period is exclusively for the benefit of the
1189 shall be observed.
creditor because the debtor by paying in advance
loses nothing.
Discussion:
Note: There is no case indicated on this article.
This article speaks of loss, deterioration or improvement of the Illustration:
thing before the arrival of the day certain.
On December 10, 2015 Nitzel owed 150,000.00 to Digna then
the debtor agreed to pay the sum of 150,000.00 with 1%
Condition of the Thing Effect monthly interest or 12% per annum. Then on January 5, 2016
Nitzel thought that her obligation is already due and
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demandable therefore she paid her debt to Digna with the sum
of 150,000.00 plus the 12% interest. On this case, since Nitzel
is unaware of the period, she can recover the interest that she
paid to Digna because it state on this article that “the obligor
being unaware of the period or believing that the obligation has
become due and demandable, may be recovered, with the
fruits and interests.”