Laws about Obligation and Contracts Composition

PART 2: Character and Effects of Obligations

Skill. 1163. Everybody obliged to provide something is also obliged to address it with all the proper diligence of a great father of your family, except if the law or perhaps the stipulation from the parties needs another normal of proper care. (1094a)

3 kinds of prestations in obligations:

•To give пѓ real (there is a few physical issue which may be the main topic of possession, the delivery which completely secretions the obligation) •To do

•Not to dopersonal ( non-fulfillment is solved in the end by payment of the indemnification of damages)

Responsibility to do or perhaps not to do

•Perfection of the obligation devolves after the person him self who is bound Obligation to provide

•Intimately associated with the thing that is definitely the subject matter of relation •Definition: That which has for its target the delivery of a thing which the obligor must deliver to the obligee because of whatever right the latter may have acquired in the same (Caguioa) •Classification: (distinction lies solely and specifically on the will certainly of parties or beneath the norms of law) 1 ) Specific obligation

- a duty to give a particular or determinate thing

*specific/determinate thing

-- a thing established individually in that manner it cannot be substituted with one more - subject is particularly selected or bodily segregated coming from all others of the same class; thing is a cement, particularized factor, indicated simply by its own individuality (Jurado) - one that is definitely individualized and can be identified or perhaps distinguished via others of its kind (Tolentino) - examples: light horse which won the Senior Grand Derby more than three decades ago, Samsung G600 G-660#1-1G-6608> PC< - the very same thing promised must be sent by the borrower and he cannot alternative said issue with an additional although the substitute is more important than that agreed upon unless of course the creditor agrees towards the substitution (Art. 1206 par. 1) -- 3 equipment obligations (Note: only in specific obligations): (1) responsibility to take care of that with the proper diligence of a good dad of a family (Art. 1163); (2) to deliver the accessions and add-ons although the same may not have been mentioned (Art. 1166); (3) to deliver the fruits from the moment the obligation to offer arises (Art. 1164)

installment payments on your Generic requirement

- provides for its target a genus an object that is determined just by the course to which this pertains (incertum corpus) -- delivery of your thing belonging to a soprattutto stipulated, generally those which happen to be fungible and others which are dependant on amount, quantity or assess - a duty to give a generic issue

*generic/indeterminate thing

- the item is a single whose dedication is confined to that of it is nature – to the genus to which that pertains (Jurado) - one that is mentioned only simply by its kinds, without being designated and known from others of the same kind (Tolentino) - examples: 10 white horses, Samsung G600, Acer notebook

пЃ¶2 Purposes of obligations to give: (Caguioa)

1 . To transfer subject (e. g. contract of sale or barter)

2 . To copy merely assets (commodatum—Art. 1933, by the agreement of mortgage, one of the celebrations delivers to a new, either a thing not consumable so that the other may use precisely the same for a specific time and returning it, in which case the deal is called a commodatum )

Other sort of classifying requirements in general: (Caguioa)

a. Positive- obligations which may have for their object to give or to do m. Negative - restrains the obligor via delivering or perhaps doing a thing that he may do wherever it not to get the obligation

Very good father of any family (bonus pater familias)

•general legal standard of care or perhaps degree of homework the law requires in responsibility to deliver a thing

Circumstances that needs to be taken into consideration in determining the degree of diligence: (Caguioa) •nature of the obligation with regards to the circumstances from the debtor •nature of the accountability depending on the time of...

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