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71 Cards in this Set
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WHAT IS OBLIGATION? |
Obligation is a Juridical necessity to give to do or not to do. (Art. 1156) |
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Elements of Obligation |
1. Active Subject – Power to demand the prestation 2. Passive Subject – Bound to perform the prestation 3. Prestation or Object – Not a thing but a particular conduct of the debtor 4. Juridical Tie / Vinculum Juris – Relation between an oblige and obliger which is established 5. Form – which the obligation is manifested (cannot be considered essential) |
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TYPES OF JURIDICAL TIE / VINCULUM JURIS |
By law – relation of husband and wife giving rise to the obligation and support By bilateral acts – contracts giving rise to obligations stipulated therein. By unilateral acts – crimes and quasi – delict |
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KINDS OF PRESTATION |
a. To give b. To do c. Not to do |
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REQUISITES OF PRESTATION |
a. Physically and juridically possible b. Determinate or at least determinable according to pre – established elements or criteria c. Possible equivalent in money |
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SOURCES OF OBLIGATIONS |
1. Law (Art. 1158) 2. Contracts (Art. 1159) 3. Quasi – Contracts or Delicts (Art. 1160 / Art. 2142) 4. Acts or Omission punishable by law (Art. 1161) 5. Quasi – delict (Art. 1162 / Art. 2176) |
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KINDS OF QUASI – CONTRACTS |
1. Negotiorum Gestio (Officious Management) 2. Solution Indebiti (Payment not due) 3. Other quasi – contracts (Support given by strangers and other “Good Samaritans” |
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Negotiorum Gestio (Officious Management) |
Art. 2144
Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, of the owner is in a position to do so.
XPN: This juridical relation does not arise in either of the instances: a. When the property or business is not neglected or abandoned. b. If in fact the manager has been tacitly authorized by the owner. |
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Solution Indebiti (Payment not due) |
Art. 2154 If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. |
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Other quasi – contracts 1 |
Art. 2164. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and without intention of being repaid.
Art. 2165. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement.
Art. 2166. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him.
Art. 2167. When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has been rendered out of pure generosity.
Art. 2168. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation.
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Acts or omissions punishable by law |
GR: Civil liability is a necessary consequence of civil liability. Reason: Commission of crime causes not only moral evil but also material damage.
Art. RPC, Exempting Circumstances; do not incur liability but are not exempt from civil liability 1. Imbecile or insane person, unless acting in a lucid interval 2. Person under 9 years of age 3. Person over 9 years of age and under 15, unless acting with discernment 4. Acting under compulsion of an irresistible force 5. Acting under impulse of an uncontrollable fear of an equal or greater injury
XPN: (Crimes without civil liability) 1. Criminal contempt 2. Gambling 3. Traffic Violations |
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NEW SOURCES OF OBLIGATION |
1. Unjust Enrichment (CC, categorized under quasi – contract) 2. Unilateral declaration of will 3. Abuse of Rights (CC, categorized under quasi – delict) |
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ELEMENTS OF NEGLIGENCE |
a. Duty on the part of the defendant to protect the plaintiff from injury of which the latter complains b. Failure to perform such duty c. An injury to the plaintiff through such failure |
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KINDS OF NEGLIGENCE |
1. Culpa Aquiliana – or culpa extra – contractual; negligence as a source of obligation, a quasi –delict 2. Culpa contractual – negligence in the performance of a contract 3. Culpa criminal – criminal negligence |
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REQUISITES OF LIABILITY UNDER QUASI – DELICTS |
1. There exists a wrongful act or omission imputable to the defendant by reason of his fault or negligence. 2. There exists a damage or injury. 3. Direct casual connection or relation of cause and effect between the fault or negligence and the damage or injury OR that the fault or negligence be the cause of damage or injury. |
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DOCTRINE OF PROXIMATE CAUSE |
Such adequate and efficient cause as, in the natural order of events, and under the particular circumstance surrounding the cause, would necessarily produce the event. |
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NATURAL AND PROBABLE CAUSE |
Either when it acts directly producing the injury, or sets in motion other causes so producing it and forming a continuous chain in natural sequence down to the injury. |
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CONCURRENT CAUSE |
If two causes operate at the same time to produce a result which might be produced by wither independently of the other, each of them is a proximate cause. |
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ADDITIONAL UNDER DIRECT CAUSAL CONNECTION IN THE REQUISITES OF LIABILITY UNDER QUASI –CONTRACTS |
When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages.But if negligence is only contributory, the immediate and proximate cause of the injury is defendant’s lack of due care, the plaintiff may recover damages, the courts shall mitigate the damages to be awarded. (Art. 2179) |
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DILIGENCE OF EMPLOYERS |
An employer may be held civilly liable for the quasi – delict or crime of his employee. |
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LIABILITY OF EMPLOYERS FOR EMPLOYEES’ QUASI – DELICT |
ART. 2180 (CC) Primary, can be sued directly by the injured party and after he has paid the damages to such injured party, he can recover from his employee amount paid by him. Employer can avoid liability by proving that he exercised the diligence of a good father of a family to prevent damage. All employers, whether they are engaged in some enterprise or not, are liable for the acts of their employees including house helpers. |
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LIABILITY OF EMPLOYERS FOR EMPLOYEES’ CRIME |
ART. 103 (RPC) Subsidiary, employee must have first been convicted and sentenced to pay civil indemnity and it must be shown that he is insolvent in order that employee may be liable.Liability is absolute and cannot avail of the defense by proof of such diligence. Employer is liable only when he is engaged in some kind of business or industry (during performance of duty). |
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CLASSIFICATIONS OF OBLIGATIONS |
A. Primary B. Secondary Classification |
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PRIMARY OBLIGATION |
1. WHEN: Pure and Conditional (Art. 1179 – 1192) PURE: Demandable at once CONDITIONAL: Fulfillment or extinguishment depends upon a future and uncertain event
2. WHEN: With a period or term (Art. 1193 – 1198) PERIOD: Its fulfillment or extinguishment depends upon a future and certain event
3. WHAT: Alternative and Facultative (Art. 1199 – 1206) ALTERNATIVE: Multiple prestation but debtor will perform one or some but not all, depending on whose choice it is. FACULTATIVE: Multiple prestation with a principal and substitute prestation, choice is generally given to the debtor.
4. WHO: Joint and Solidary (Art. 1207 – 1222) JOINT: Each can be made to pay only his share in the obligation. SOLIDARY: One can be made to pay for the whole obligation subject to reimbursement.
5. HOW: Divisible and Indivisible (Art. 1223 – 1225) Performance of the prestation, not to the thing which is object thereof, whether it can be fulfilled in parts or not.
6. WITH A PENAL CLAUSE (Art. 1226 – 1230) Accessory undertaking to assume greater liability in case of breach. |
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SECONDARY OBLIGATION |
1. Legal (Art. 1158) from law Conventional (Art. 1159) from contracts Penal (Art. 1161) from commission of a crime 2. AS TO SUBJ MATTER – Real (To give) and Personal (To do or not to do) 3. AS TO SUBJ MATTER OF OBLIGATION – Determinate and generic 4. Positive (To give, to do) and Negative (Not to give, not to do) 5. Unilateral – only one party bound to perform obligation, one debtor and one creditor (E.g Simple and remuneratory donation, to give support) 6. Individual – only one subjectCollective – several subject 7. Accessory – depends on the principal obligation (e.g pledge, mortgage) 8. As to object or prestationa. a. Simple – only one prestation b. Multiple – two or more prestation 1. Conjunctive – all must be performed 2. Distributive – one or some must be performed a. Alternative – more than one prestation but one party may choose which one; several are due but only must be fulfilled at the election of the debtor. b. Facultative – main prestation and a substitute prestation and it is the debtor who chooses, only one thing is due but the debtor has reserved the right to substitute it with another. 9. Possible – capable of being performed, either physically or legally.Impossible – physically or legally incapable of being done. |
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KINDS OF PRESTATION |
Obligation to give Obligation to do Obligation not to do |
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OBLIGATION TO GIVE (Specific thing (Determinate) |
Duties of the Obligor
a. To deliver the thing itself (Art. 1244, Par 1) The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than which is due. Though upon agreement or consent of the creditor, the debtor may deliver a different thing or perform a different prestation in lieu of that stipulated. DATION IN PAYMENT (Art. 1245) OBJECT OF NOVATION (Art. 1291)
DEFECTS OF THE THING MAY BE WAIVED BY THE CREDITOR IF: 1. Expressly declares 2. With knowledge thereof, he accepts the thing without protest or disposes or consumes it “waiver or defect”
b. To preserve thing with due care (Art. 1163) Every person obliged to give something is also obliged to take care of it with the proper diligence of a goof father of a family, unless the law or the stipulation of the parties requires another standard of care. WHY: The obligation to deliver would be illusory. WHAT KIND OF DILIGENCE: Diligence of a good father of family; elaborated in Art. 1173 Failure to preserve the thing liability for damages But if due to fortuitous events or force majeure, exempted from responsibility |
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REAL RIGHT |
Power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised. |
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PERSONAL RIGHT |
Power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do. |
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ACCESSIONS |
Includes everything which is produced by a thing, or which is incorporated or attached thereto, either naturally or artificially. Does not include fruits because Art. 1164 mentioned it already. Accession continua which includes: 1. Accession Natural 2. Accession Industrial |
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ACCESSORIES |
Those things which, destined for embellishment, use or preservation of another thing or more important, have for their object the completion of the latter for which they are indispensable or convenient. |
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CORRELATIVE RIGHTS OF THE OBLIGEE / CREDITOR (SPECIFIC) |
1. Right to compel delivery a. Fruits (both industrial and natural from the time obligation to deliver arises), accessions and accessories b. Right to recission or resolution c. Right to damages
a. Failure to deliver Legal Excuses for breach of obligation or delay: FORTUITOUS EVENT unless there is law, stipulation to the contrary, or nature of obligation which requires assumption of risk Fortuitous Event applicable to:Non – performance DelayLoss / Deterioration of specific things - Art. 1189 (Before happening of suspensive condition) - Art. 1190 (Before happening of resolutory condition) Debtor still liable despite Fortuitous Event Expressly specified by law - Art. 1942 Bailee liable for loss - Art. 2001 Act of a thief - Art. 2147 Negotiorum Gestio - Art. 1993 Loss of deposit
Stipulation Assumption of Risk Fraud or Malice (Bad Faith) - Art. 1165, Par 3 Delivers to two or more persons having different interest Debtor in delay already when Fortuitous Event happened (Art. 1165, par 3) Debtor guilty of concurrent negligence, in this case, no long FE
Liability arises from criminal act except if debtor tenders thing and creditor unjustifiably refuses to receive (Art. 1268)
b. Fraud c. Negligence in Performance d. Delay or Default e. Any manner in contravention of the tenor of obligation |
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GENERIC THING (Indeterminate) |
Art. 1246
When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration.
Creditor may ask for compliance by 3rd person at debtor’s expense; action for substituted performance. (Art. 1165) |
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CORRELATIVE RIGHTS OF THE OBLIGEE / CREDITOR (Generic) |
1. Right to ask for recission or damages 2. Right to damages a. Failure to deliver b. Fraud (Malice or Bad Faith) c. Negligence d. Delay e. Any matter contravene the tenor of obligation |
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RIGHTS OF A CREDITOR |
SPECIFIC 1. To compel specific performance 2. To recover damages, in case of breach of the obligation, exclusive or in addition to specific performance 3. Entitlement to fruits, interests from the time obligation to deliver arises GENERIC 1. To ask for the performance of the obligation 2. To ask that the obligation be complied with at the expense of the debtor 3. To recover damages in case of breach of obligation |
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OBLIGATION TO DO |
Art. 1244, Par 2
In obligations to do or not to do, an act or forbearance cannot be substituted by another act of forbearance against the obligee’s will.
XPN: FACULTATIVE OBLIGATION wherein the debtor reserves the right to substitute another prestation. Art. 1167If a person is obliged to do something fails to do it, the same shall be executed at his cost. |
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DUTIES OF OBLIGOR (To do) |
1. To do it (Art. 1167) 2. To shoulder the cost of someone else does it (Art. 1167) 3. To undo what has been poorly done (Art. 1167) 4. To pay damages (Art. 1170 – 1172, 2201 – 2202) |
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OBLIGATION NOT TO DO |
Art. 1244, Par 2 In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will. Art. 1268 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense |
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DUTIES OF THE OBLIGOR |
1. Not to do what should not be done 2. To should the cost to undo what should not have been done (Art. 1168) 3. To pay damages (Art. 1170, 2201 – 2202) |
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MODES OF BREACH |
Art. 1170 Those who in the performance of their obligations are guilty of Fraud, Negligence, or Delay and those who in any manner contravene the tenor thereof are liable for damages. 1. FRAUD (Dolo) 2. NEGLIGENCE (Culpa Contractual) 3. DELAY (Mora) 4. CONTRAVENTION OF TENOR 5. ABSOLUTE NON – PERFORMANCE |
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KINDS OF FRAUD |
1. Fraud in the performance (Art. 1171) 2. Fraud in the execution / creation / birth of the contract a. Dolo causante (Art. 1344) b. Dolo incidente (Art. 1338) |
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FRAUD (ART. 1171) |
WHEN PRESENT: During the performance of a pre – existing obligation PURPOSE: Evade the normal fulfillment of obligation RESULTS IN: Breach of the obligation GIVES RISE TO: Right in favor of creditor to recover damages |
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DOLO CAUSANTE (ART 1138) |
WHEN PRESENT: During the perfection of a contract PURPOSE: Secure the consent of another to enter into contract RESULTS IN: Vitiation of consent; voidable contract GIVES RISE TO: Right of the innocent party to annul the contract |
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DOLO INCIDENTE (ART 1344) |
WHEN PRESENT: During the perfection of a contract PURPOSE: Secure the consent of another to enter into contract but fraud was not the principal inducement in making the contract RESULTS IN: Does not result in the vitiation of consent GIVES RISE TO: Right of the innocent party to claim for damages |
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NOTES IN FRAUD |
Non-waiver of Future Fraud (Art. 1171) Responsibility arising from fraud is demandable in all obligations. Any waiver of action for future fraud is VOID. |
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EFFECTS OF FRAUD |
EFFECTS OF FRAUD Liability for damages, a crime, or a quasi – delict (Art. 1170) |
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NEGLIGENCE |
Art. 1172 Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by courts, according to circumstances. Art. 1173, Par 1 The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of obligation and corresponds with the circumstances of the persons, of the time, and the place. When negligence shows bad faith, the provisions of Art. 1171 (responsibility arising from fraud) and Art. 2201, Par 2 (responsible for all damages reasonably attributed to non – performance) shall apply. Art, 2201, Par 2 In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonable attributed to the non – performance of obligation. |
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CULPA (NEGLIGENCE) |
Mere want if care or diligence, not the voluntariness of act or omissionLiability may be mitigated by courts Waiver for future negligence: - Valid, if simple - Void, if gross |
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DOLO (FRAUD) |
Willfulness or deliberate intent to cause damage or injury to another Liability cannot be mitigated by courts Waiver for future fraud is void |
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CULPA AQUILANA |
Governed by Art. 2176 to 2194 Negligence as a source of obligation Fault or negligence which constitutes an independent source of obligation between parties not previously bound Negligence of defendant should be the proximate cause of damage if liability is to attach. |
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CULPA CONTRACTUAL |
Governed by Art. 1179 Negligence in the performance of a contract Fault or negligence of the debtor as an incident in the fulfillment of an existing obligation. Negligence of defendant should be the proximate cause of damage if liability is to attach. |
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STANDARD OF CARE REQUIRED |
ART. 1173, PAR 2 If law or contract does not state diligence which is to be observed in the performance, that which is expected of a good father of family is required. |
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ART, 1733 (Common carriers) |
Art. 1733.
Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. Such extraordinary diligence in the vigilance over the goods is further expressed in Articles 1734, 1735, and 1745, Nos. 5, 6, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in Articles 1755 and 1756. |
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Art. 1744 (Lesser than extraordinary) |
Art. 1744. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be: (1) In writing, signed by the shipper or owner;( 2) Supported by a valuable consideration other than the service rendered by the common carrier; and (3) Reasonable, just and not contrary to public policy. |
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Art. 1998 – 2002 (In keepers, hotel keepers) |
Art. 1998. The deposit of effects made by the travellers in hotels or inns shall also be regarded as necessary. The keepers of hotels or inns shall be responsible for them as depositaries, provided that notice was given to them, or to their employees, of the effects brought by the guests and that, on the part of the latter, they take the precautions which said hotel-keepers or their substitutes advised relative to the care and vigilance of their effects. (1783) Art. 1999. The hotel-keeper is liable for the vehicles, animals and articles which have been introduced or placed in the annexes of the hotel. (n) Art. 2000. The responsibility referred to in the two preceding articles shall include the loss of, or injury to the personal property of the guests caused by the servants or employees of the keepers of hotels orinns as well as strangers; but not that which may proceed from any force majeure. The fact that travellers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him. (1784a) Art. 2001. The act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force. (n) Art. 2002. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel. (n) |
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EXEMPTIONS FROM LIABILITY FOR NEGLIGENCE |
1. Insurance: A party to a contract is relieved from the effects of his fault or negligence by a 3rd person. 2. Party to a contract renounces in advance the right to enforce liability arising from the fault or negligence of the other. a. VOID if gross negligence (Stipulations exempting from liability for that amount to a fraud. b. VALID if simple negligence only. |
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DELAY (MORA) |
Concept: Non – fulfillment of obligation with respect to time. ART. 1169 Those obliged to deliver or to do something incur in delay from the time the oblige judicially or extrajudicially demands from them the fulfillment of their obligations. |
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THE DEMAND BY THE CREDITOR SHALL NOT BE NECESSARY IN ORDER THAT DELAY MAY EXIST |
1. When the obligation or law expressly so declares 2. When from the nature and the circumstances of the obligation, it appears that the designation of time when the thing to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract 3. When demand would be useless, as when the obligor has rendered it beyond his power to perform |
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RECIPROCAL OBLIGATIONS |
Neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. |
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NOTE IN DELAY |
There can only be delay in positive obligations (To give and to do) and not in negative obligations (Not to give and not to do) |
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KINDS OF MORA |
a. Mora Solvendi (default on the part of the debtor) b. Mora Accipiendi (default on the part of the creditor) c. Compensatio Morae |
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REQUISITES OF MORA SOLVENDI |
1. Prestation is demandable and already liquidatedThere can be no delay if the obligation is not yet due. There is no mora in natural obligations because performance is optional and voluntary. 2. The debtor delays performanceEffects of mora only arise when the delay is due to the causes imputable to the debtor; hence there is legally no delay if this is caused by factors not imputable to the debtor. 3. That the creditor requires or demands the performance extrajudicially or judiciallyMere reminder is not a demand because it must appear that the benevolence and tolerance of the creditor has ended. |
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MORA SOLVENDI ADDITIONAL |
GR: Creditor should make demand before debtor incurs delay.Demand may be in any form, provided it can be proved. It is also generally necessary even if a period has been fixed in the obligation. Burden of proof of demand on the creditor.
Demand must refer to the prestation that is due and not another.But even if without demand, debtor incurs in delay if he acknowledges his delay. Request for extension of time for payment is not sufficient though, the acknowledgement must be expressed.XPN: When demand is not required:1. Express stipulation2. Law so provides3. Period is the controlling motive or the principal inducement for the creation of the obligation4. Demand would be useless |
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REQUISITES OF MORA ACCIPIENDI |
1. Offer of performance by the debtor who has the required capacity 2. Offer must be to comply with the prestation as it should be performed 3. Creditor refuses the performance without just cause |
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NOTES ON MORA ACCIPIENDI |
ART. 1268 When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, UNLESS the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. |
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COMPENSATIO MORAE |
GR: Fulfillment of parties should be simulatenous XPN: Contrary stipulation |
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EFFECTS OF MORA |
1. Mora Solvendi a.When it has for its object a determinate thing, the delay places the risk of the thing on the debtor. b. Debtor becomes liable for damages of the delay.
2. MORA ACCIPIENDI a. Responsibility of the debtor for the thing is reduced and limited to fraud and gross negligence. b. Debtor is exempted from the risks of loss of thing, which automatically pass to the creditor. c. All expenses incurred by the debtor for the preservation of the thing after the mora shall be chargeable to the creditor. d. If the obligation bears interest, the debtor does not have to pay it from the moment of the mora. e. The creditor becomes liable for damages.f. The debtor may relieve himself of the obligation by the consignation of the thing.
3. COMPENSATION MORAE a. Exceptio non adempleti contractus – one is not compelled to perform his prestation when the other contracting party is not yet prepared to perform his prestation; default of one compensates the default of the other. |
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CESSATION OF EFFECTS OF MORA |
1. Renunciation by the creditor (Express/Implied) 2. Prescription |
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CONTRAVENTION OF TENOR |
Any illicit act which impairs the strict and faithful fulfillment of the obligation or every kind of defective performance. |
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Other Quasi Contracts 2 |
Art. 2169. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. Art. 2170. When by accident or other fortuitous event, movables separately pertaining to two or more persons are commingled or confused, the rules on co-ownership shall be applicable. Art. 2171. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. Art. 2172. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546. Art. 2173. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by Articles 1236 and 1237. Art. 2174. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. Art. 2175. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. |
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Obligation to give (Specific 2) |
c. To deliver the accessions and accessories (Art. 1166) Obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. d. To deliver the fruits (Art. 1164, Par 1) The creditor has a right to the fruits of the thing from the time of the obligation to deliver it arises. However, there is no real right until the same has been delivered to him.Non nudis pactis, sed traditione domina rerum trasferenturThe ownership of things is transferred not only be mere agreements but by delivery. |
