Nature of Obligations
NATURE & EFFECTS OFOBLIGATIONS
See
Arts. 1163 - 1178
NATURE OF OBLIGATIONS
1.
Personal Obligations
: obligations to do or notto do; where the subject matter is an act to bedone or not to be donea. Positive – obligation to dob. Negative – obligation not to do
2.
Real Obligations: obligations to give; where thesubject matter is a thing which the obligor mustdeliver to the obligeea. Determinate or specific – object is particularlydesignated or physically segregated from allother things of the same classb. Generic –object is designated by its class orgenusc. Limited Generic – generic objects confined toa particular class
Ex:
An obligation to deliver one of my horses
EfFECT OF OBLIGATIONSDUTIES OF DEBTOR IN AN OBLIGATION TO GIVEA DETERMINATE THING (
See
Arts. 1163, 1164,1166.)
1. To preserve or take care of the thing due with the diligence of a good father of a family
DILIGENCE OF A GOOD FATHER OF A FAMILY
–
ordinary care or that diligence which an average orreasonably prudent person would exercise over hisown property
NOTE:
Rule on Standard of Care
•
That which the law requires; or
•
That stipulated by the parties; or
•
In the absence of the two, diligence of a goodfather of a family
2. To deliver the fruits of the thing
:
Right to thefruits of the thing fromthe time the obligation todeliver it arises
WHEN OBLIGATION TO DELIVER ARISES
•
GENERAL RULE:
From the time of theperfection of the contract (i.e. meeting of theminds between the parties)
•
EXCEPTIONS
a. when the parties made a stipulation asregards the right of the creditor to the fruits ofthe thingb. when the obligation is subject to asuspensive condition or period; arises uponfulfillment of the condition or arrival of theperiod
PERRSONAL V. REAL RIGHT
Jus ad rem, Jus in re, a rightenforceable only a rightenforceable
See
Arts. 1163 - 1178
NATURE OF OBLIGATIONS
1.
Personal Obligations
: obligations to do or notto do; where the subject matter is an act to bedone or not to be donea. Positive – obligation to dob. Negative – obligation not to do
2.
Real Obligations: obligations to give; where thesubject matter is a thing which the obligor mustdeliver to the obligeea. Determinate or specific – object is particularlydesignated or physically segregated from allother things of the same classb. Generic –object is designated by its class orgenusc. Limited Generic – generic objects confined toa particular class
Ex:
An obligation to deliver one of my horses
EfFECT OF OBLIGATIONSDUTIES OF DEBTOR IN AN OBLIGATION TO GIVEA DETERMINATE THING (
See
Arts. 1163, 1164,1166.)
1. To preserve or take care of the thing due with the diligence of a good father of a family
DILIGENCE OF A GOOD FATHER OF A FAMILY
–
ordinary care or that diligence which an average orreasonably prudent person would exercise over hisown property
NOTE:
Rule on Standard of Care
•
That which the law requires; or
•
That stipulated by the parties; or
•
In the absence of the two, diligence of a goodfather of a family
2. To deliver the fruits of the thing
:
Right to thefruits of the thing fromthe time the obligation todeliver it arises
WHEN OBLIGATION TO DELIVER ARISES
•
GENERAL RULE:
From the time of theperfection of the contract (i.e. meeting of theminds between the parties)
•
EXCEPTIONS
a. when the parties made a stipulation asregards the right of the creditor to the fruits ofthe thingb. when the obligation is subject to asuspensive condition or period; arises uponfulfillment of the condition or arrival of theperiod
PERRSONAL V. REAL RIGHT
Jus ad rem, Jus in re, a rightenforceable only a rightenforceable