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Law on Obligations and Contracts
By: Hector De Leon

STUDY GUIDE 79 – 80
I
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1
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2
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3
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4
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In other words, it is an event which is either impossible to foresee or
impossible to avoid
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Diligence of a good father of a family - It is considered ordinary care or that diligence which an average
person exercises over his own property
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Discussions
1
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In the case of a fortuitous event, the basic rule is that there is no responsibility for loss since it is
an event that cannot be foreseen
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What rights are given by law to the creditor in case the debtor fails to comply with his obligation to
deliver a specific thing?
According to Art
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(1) Demand specific performance with a right to indemnity for damages
(2) Demand rescission or cancellation with a right to recover damages
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3
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According to Art
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4
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1167, the remedies available to the creditor are to have the obligation performed
by himself, or by another, unless personal considerations are involved, at the debtor’s expense; and to
recover damages
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Can a debtor be put in delay and consequently, incur liability even w ithout demand from creditor?
Explain
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1169, it is not possible because If the creditor does not make a demand, it is understood
that he is granting the debtor a guarantee and that the latter is not responsible for damages
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May an action arising from fraud be waived? Explain
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1170, it is definitely possible to be waived
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7
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According to Art
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Any obligation may claim negligence liability, but the courts may
restrict that liability depending on the circumstances
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Problems
1
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However, on July
15, S sold again and delivered the horse to T
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However, he shall acquire no real right over it until the same has been delivered to him
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However, since silver has not yet been delivered to B, B still has no real ownership
of silver, so B has the right to demand that S fulfill his obligation to deliver silver on July 20
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As a
result, as supported by Article 1170, T is entitled to silver on July 15th, and S is responsible and liable for
the damages incurred by not performing the contract in good faith
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S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S did not deliver the
refrigerator on the said date
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S promised to deliver to B a female horse named Suzie on July 10
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a) What are the obligations of S?
The obligation of S is to deliver the horse named Suzie together with the colt on July 10, at the
same time S shall also take good care of both the horse and the colt (Article 1163)
b) Who has a right to the colt?
“all the fruits shall pertain to the vendee from the day on which the contract was perfected” in this case
therefore B has the right over the colt even before it was born
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on the other hand S shall be responsible and liable for all the damages

4
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Payment of interest is void since there is no agreement on the annual interest rate
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(Article 1175)
5
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Can R still
collect from E the rents for January and February,2008?
Yes, R can still collect the rents for January and February 2008 from E
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(Article 1176)



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