This document discusses positive and negative personal obligations under Philippine law. It defines positive obligations as obligations to do or perform, while negative obligations are obligations not to do something. For positive obligations, if the obligor fails to perform, does so poorly, or contravenes the terms, the creditor can have it performed at the obligor's expense or demand damages. For negative obligations, if the obligor does what was forbidden, the creditor can order it undone at the obligor's expense or demand damages. The document also discusses delay or default, when damages arise for non-performance or poor performance, and different types of damages.
This document discusses positive and negative personal obligations under Philippine law. It defines positive obligations as obligations to do or perform, while negative obligations are obligations not to do something. For positive obligations, if the obligor fails to perform, does so poorly, or contravenes the terms, the creditor can have it performed at the obligor's expense or demand damages. For negative obligations, if the obligor does what was forbidden, the creditor can order it undone at the obligor's expense or demand damages. The document also discusses delay or default, when damages arise for non-performance or poor performance, and different types of damages.
This document discusses positive and negative personal obligations under Philippine law. It defines positive obligations as obligations to do or perform, while negative obligations are obligations not to do something. For positive obligations, if the obligor fails to perform, does so poorly, or contravenes the terms, the creditor can have it performed at the obligor's expense or demand damages. For negative obligations, if the obligor does what was forbidden, the creditor can order it undone at the obligor's expense or demand damages. The document also discusses delay or default, when damages arise for non-performance or poor performance, and different types of damages.
This document discusses positive and negative personal obligations under Philippine law. It defines positive obligations as obligations to do or perform, while negative obligations are obligations not to do something. For positive obligations, if the obligor fails to perform, does so poorly, or contravenes the terms, the creditor can have it performed at the obligor's expense or demand damages. For negative obligations, if the obligor does what was forbidden, the creditor can order it undone at the obligor's expense or demand damages. The document also discusses delay or default, when damages arise for non-performance or poor performance, and different types of damages.
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ARTICLE 1167 POSITIVE PERSONAL OBLIGATION
“If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.”
•POSITIVE PERSONAL OBLIGATION
-it is the obligation to do/to perform -it is the obligation of the obligor to perform some work or service for the creditor or obligee.
•SITUATIONS CONTEMPLATED IN ARTICLE 1167
1)That the debtor fails to perform an obligation to do. 2)That the debtor performs an obligation to do but contrary to the terms. 3)That the debtor performs an obligation to do but in a poor manner. -in these three instances, the failure of the obligor to perform the obligation shall be executed in the obligor’s cost.
•REMEDIES OF CREDITOR/OBLIGEE -in case the obligor fails to perform a Positive Personal Obligation, the remedies are: 1)If the debtor fails to perform an obligation to do: a. The creditor can have the obligation be performed by himself or by another person at the debtor’s expense. b. Recover damages. -in this first instance, specific performance is not a remedy in personal obligations because it would amount to involuntary servitude. 2)The obligation may also be ordered undone if: a. The obligation is made poorly – in this case, it may be performed by another and damages may be demanded. b. The obligation is a negative one – Art. 1168
ARTICLE 1168 NEGATIVE PERSONAL OBLIGATION
“When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.”
•NEGATIVE PERSONAL OBLIGATION
-it is the obligation of not doing. -it is the duty of the obligor to abstain from an act. The very obligation is fulfilled in not doing what is forbidden.
•REMEDY -if the obligor done something which is forbidden, the creditor may order the undoing of the forbidden thing plus damages may be demanded. -although, if the forbidden thing is not possible to undo, the only remedy is an action for damages caused by the obligor.
DISTINGUISH POSITIVE PERSONAL OBLIGATION TO NEGATIVE PERSONAL
OBLIGATION POSITIVE PERSONAL OBLIGATION NEGATIVE PERSONAL OBLIGATION -contemplated under Art. 1167 -contemplated under Art. 1168 -it is the obligation to do or to perform -it is the obligation of not to do a performance -remedy: -remedy: a. the creditor may do it himself a. the creditor may order it be undone b. the creditor may order it be done by b. recovery of damages another -all of these at the expense of the debtor c. recovery of damages d. the creditor may order it be undone -all of these at the expense of the debtor
ARTICLE 1169 DELAY/DEFAULT/MORA
•GENERAL RULE: Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. •EXCEPTION: When demand is not necessary in order that delay may exist 1)When the obligation or law expressly so provides. 2)When from the nature and the circumstances of the obligation, it appears that the designation of the time when the thing is to be delivered or the service to be rendered was a controlling motive for the establishment of contracts. 3)When demand would be useless, as when the obligor has rendered it beyond his power to perform.
•MEANING OF “DELAY” IN ART. 1169
-the word delay here shall not be understood in its ordinary meaning. The word delay shall be translated into “default” or “mora” which means that the failure to perform an obligation on time which failure constitutes a breach of the obligation.
•KINDS OF MORA/DEFAULT 1)Mora Solvendi -it is the delay on the part of the debtor to fulfill his obligations by reason of a cause imputable to him. A. Requisites of Mora Solvendi a. The obligation must be due, enforceable and already liquidated or determinate in amount. b. There must be a non-performance. c. Demand should have been made, unless demand is not required. d. The demand must be for the obligation that is due. B. Effects of Mora Solvendi. a. The debtor will be liable for the interest or damages. b. He shall bear the risk of loss. c. He is liable even for a fortuitous event. – It is the duty of the obligor to be diligent and careful in performing his obligations. So, if a fortuitous event occurred and due to that, he incurred delay in the fulfillment of his obligations, he is still liable for the interest or damages. 2)Mora Accipiendi -the creditor is guilty of default when he unjustifiably refused to accept payment or performance at the time said payment or performance can be done. -the same applies to an obligation arising from ex delicto which pertains to an obligation as a result of the crime committed. The obligor in this case have the duty to pay the damages caused by him because of the crime he has committed to another. If the obligor is already paying and the obligee refuses it without justifiable cause, the obligee is then in mora accipiendi. Therefore, the remedy of the obligor is: a. Consign it in court – debtor will make a deposit of the amount owed with a court or an authorized depositary. b. Keep it to himself – debtor has still the duty to exercise diligent and care of the subject matter. But, if it was loss in a fortuitous event, the obligor will not be liable of the loss. 3)Compensatio Morae -it is the delay of the obligors in a reciprocal obligations. -if both parties incurred delay, then as if both are neither in default. There is no actionable default in both parties so as if neither one is guilty of default.
•WHEN DAMAGES OR INTEREST MAY BE LOST
-a creditor entitled to damages or interest because of delay may lose the same in the following instances: a. If the principal obligation is allowed to lapse by prescription. b. If the damages or interest are allowed to prescribe. c. If the damages or interest are condoned
ARTICLE 1170 DAMAGES
-in this article, the obligation was made but it was committed in fraud, negligence or delay and in a manner which contravene thereof. -in this case, the obligor will be liable for damages. -generally, damages are paid only if aside from the breach of contract, prejudice or damage was caused.
•GROUNDS FOR LIABILITY OF DAMAGES
1)Fraud (Deceit or Dolo) – intentional evasion of the normal fulfillment of an obligation. It involves malice and dishonesty or there is design to mislead or deceive another. 2)Negligence (Fault or Culpa) any voluntary act or omission, there being no malice, which prevents normal fulfillment of an obligation. 3)Delay (Mora) – only pertains to Mora Solvendi 4)Violation of the terms of the obligation – it is the violation of the terms and conditions stipulated in the obligation. The violation here must not be due to a fortuitous event because if it was due to a fortuitous event, it may be excused in proper cases.
•KIND OF DAMAGES (MENTAL)
Moral Damages – awarded only to enable the injured party to obtain means, diversion or amusement that will alleviate the moral suffering he has undergone by reason of the culpable action. Exemplary/Corrective Damages – serves as a deterrent to serious wrongdoings. Nominal Damages – it is awarded to vindicate a right when no other kind of damages may be recovered. Temperate Damages – it may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty. Actual/Compensatory Damages – it simply make good or replace the loss caused by the wrong which shall be proved with reasonable certainty. Liquidated Damages – damages agreed upon by the parties.
The 5 Elements of the Highly Effective Debt Collector: How to Become a Top Performing Debt Collector in Less Than 30 Days!!! the Powerful Training System for Developing Efficient, Effective & Top Performing Debt Collectors
The 5 Elements of the Highly Effective Debt Collector: How to Become a Top Performing Debt Collector in Less Than 30 Days!!! the Powerful Training System for Developing Efficient, Effective & Top Performing Debt Collectors
