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OBLIGATIONS

& CONTRACTS
EXCERPTS FROM THE NEW CIVIL CODE

Chapter 1

GENERAL PROVISIONS
Art. 1156

Obligation juridical necessity to give, to do/not to do

Art. 1157 Obligation arise from Law, Contracts, Quasicontracts, Acts/Omissions punished by law, and Quasidelicts
Art. 1158

Obligations derived from law are not presumed.

Art. 1159

Obligations from contracts have the force of law.

Art. 1160 Quasi contracts governed by EXTRACONTRACTUAL


OBLIGATIONS ( Title XVII, Chapter 1)
Art. 1161

Criminal offenses governed by penal laws

Art. 1162 Quasi-delicts governed by EXTRACONTRACTUAL


OBLIGATIONS ( Title XVII, Chapter 2)

Chapter 2

NATURE & EFFECT OF OBLIGATIONS


Art. 1163 Every person obliged to give something is obliged to
take care of it.
Art. 1164 The creditor has the right to the fruits of the thing from
the time the obligation to deliver arises.
Art. 1165

Nature of the obligation.

Determinate creditor, may compel the debtor to make the


delivery.
Indeterminate creditor may ask the obligation be complied
at the expense of the debtor

Art. 1166 Obligation to give determinate thing


includes delivering all
accessions and accessories.
Art. 1167 If a person obliged to do something fails to
do it, the same
shall be executed at his cost.
Art. 1168 When the obligation consists in not doing
and the obligor
does what has been forbidden him, it
shall be undone at
his expense.

Art. 1169 Those obliged to deliver or to do something incur in


delay from time the oblige judicially or extrajudicially demands
the fulfilment of their obligation.
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.
Art. 1171 Responsibility arising from fraud is demandable in
all obligations.
Art. 1172 Responsibility arising from negligence is also
demandable

Art. 1173 Fault or negligence of the obligor consists of


omission of the diligence required for the obligation and the
correspondence with the circumstances.
Art. 1174 No person shall be held responsible for those events
which could not be foreseen and inevitable.
Art. 1175
laws.

Usurious transaction shall be governed by special

Art. 1176 The receipt of the principal by the creditor without


reservation with respect to the interest, shall give rise to the
presumption that said interest has been paid

Chapter 3

DIFFERENT KINDS OF OBLIGATIONS


Art. 1179 Performance of obligations that does not depend on
uncertain event and/or resolutory condition is demandable
at once
Art. 1180 When the debtor binds himself to pay when his
means permit him to do so, the obligation shall b deemed to be
one with a period
Art. 1181 Conditional obligations Acquisition of rights,
extinguishment or loss depends upon the situation.

Art. 1182 When the fulfilment of condition:


depends upon the debtors will obligation is void
depends upon chance/third party obligation is
binding
Art. 1183 Obligations involving impossible conditions
shall be void.
If the obligation is divisible then it is
binding.

Art. 1184 The condition that some event happen at a


determined
time shall extinguish the obligations as
soon as the time
expires.

Art. 1185 The condition that some event will not


happen at a
determined time shall render the
obligation effective from
the moment the time
indicated has elapsed.
Art. 1186 Conditions are fulfilled when the obligor
voluntary prevents
it.
Art. 1187 The effects of a conditional obligation to
give once the
condition has been fulfilled, shall
retroact to the day of the
constitution of the
obligation.

Art. 1188 The creditor may, before the fulfilment of


the condition,
bring the appropriate action for the
preservation of his
right.
Art. 1189 Rules to be observed when suspending the
efficacy of an
obligation
1. If the thing is lost without the fault of the debtor;
2. If the thing is lost through the fault of the debtor;
3. If it deteriorates w/o the fault of the debtor;
4. If it deteriorates through the fault of the debtor;
5. If the thing is improved by its nature/time;
6. If the thing is improved at the expense of the
debtor

Art. 1190 When the conditions have for their purpose


the
extinguishment of an obligation to give, the
parties, upon
the fulfilment of said conditions, shall
return to each other
what they have received.
Art. 1191 The power to rescind obligations is implied
in reciprocal
ones, in case one of the obligors
should not imply with
what is incumbent upon him.
Art. 1192 In case both parties have committed a
breach f the
obligation, the liability of the first
infractor shall be
equitably tempered by the courts

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