ART.

1156 Obligation is a juridical necessity to give, to do, and not to do

Example: Obligation to do: I will construct your house

Obligation to give: I will give to you my shoes

Obligation not to do: I will not construct your house.

ART. 1157 Obligation arising from:

 Law
 Contracts
 Quasi – contracts
 Crimes or acts or omission punished by law
 Quasi – contracts

ART. 1158 Obligation derived from law are not presumed

Law does not require us to financially support our friends.

ART. 1159 Obligations arising from contracts that have force of law between the contracting parties and
should be complied with in good faith.

A agreed that b will buy the house of A.

ART. 1160 Obligations derived from Quasi-Contract

-A owes 3,000 to B, A pay B 5,000, B has a obligation to return the excess money.

-A went out of the country, without leaving someone to look after his garden. B has a
voluntarily action to managed the garden of A at the expense of B, A need to reimburse the
expense of B.

ART. 1161 Civil obligations arising from criminal offenses by the penal laws

The obligation of a thief to return the car stoled by him. He is liable to damages.

ART. 1162 Obligations derived from Quasi – delict shall be governed by the provision of Chapter 2.

A dropped the laptop of B, B is liable to pay the damages.

ART. 1163 Every person is obliged to give something is also obliged to take care of it with the proper
diligence of a good father of a family.

ART. 1164 The creditor has a right to the fruit of the thing from the time the obligation to deliver it

Arises.

A obliged to deliver the dog to B on Dec. 12, On Dec. 10 the dog gave birth to a puppy. B is
liable to the puppy because they have already made a contract.
ART. 1165 When what is to be delivered a determinate thing, the creditor, in addition to the right

Granted him by article 1170,may compel the debtor to nake the delivery

If the thing is indeterminate or generic, he may ask that the obligation be complied

With at the expense of the debtor.

If the obligor delays, or has promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be responsible for fortuitous event until

He has effected the delivery.

ART. 1166 The obligation to give a determinate thing includes that of delivering all its accessions and

Accessories, even though they may not have been mentioned.

A buy the Iphone X of B, B include the earphone, charger, box, case and tempered of IphoneX

ART. 1167 I f a person obliged to do something fails to do it, the same shall be executed at his cost.

This same rule shall be observed if he does it in contravention of the tenor of the obligation,
furthermore, it may be decreed that what has been poorly done be undone.

A is obliged to construct the garage of B. A does not comply his obligation. B may ask C to
construct the garage at the expense of A.

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 the time the oblige judicially
or extra-judicially demands from them the fulfilment of their obligation.

However, the demand by the creditor shall not be necessary in order that delay may
exist.

1.) When the obligation or the law expressly so declares; or

2.) When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the services is to be
rendered was a controlling motive for the establishment of the contract; or
3.) When demand would be useless, as when the obligor has rendered it beyond his
power to perform

In 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 fulfils his obligations, delay by
the other begins.

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. Any waiver of an action
 For future fraud is void.

ART. 1172 Responsibility arising from negligence in the performance of every kind of obligation is also
demandable, but such liability may be regulated by the courts, according to the
circumstances.

ART. 1173 The fault or negligence of the obligor consists in the omission of the diligence which is
required

By the nature of the obligation and corresponds with the circumstances of the person, of the
time and of the place, when negligence shows bad faith, the provision of articles 1171 and
2201

Paragraph 2, shall apply.

If the law or contract does not state the diligence which is to be observed in the
performance, that which is expected of a good father of a family shall be required.

ART. 1174 Except in cases expressly specified by the law, or when it is otherwise declared by stipulation

or when the nature of the obligation requires the assumption of risk, no person shall be
responsible for those events which could not be foreseen, or which though foreseen, were
inevitable.

ART. 1175 Usurious transactions shall be governed by the penal laws.

ART, 1176 The receipt of the principal by the creditor, without reservation with respect to the interest,
shall give rise to the presumptions that said interest has been paid.

The receipt of a later instalment of a debt without reservation as to prior instalment,

shall likewise raise the presumption that such instalments have been paid.

ART. 1177 The creditors, after having pursued the property in possession of the debtor to satisfy their
claims, may exercise all the rights and bring all the actions of the latter of the same purpose,
save those which are inherent in his person, they may also impugn the acts which the debtor
may have done to defraud them

ART. 1178 Subject to the laws, all rights acquired in virtue of an obligations are transmissible, if there
has been no stipulation to the contrary.

ART. 1179 Every obligation whose performance does not depend upon a future or uncertain event, or
upon a past even unknown to the parties, is demandable at once.

Every obligation which contain a resolutory condition shall also be demandable,

without prejudice to the effects of the happening of the event.

ART. 1180 When the debtor binds himself to pay when his means permit him to do so, the obligation
shall be deemed to be one with a period, subject to the provisions of article 1197.
ART. 1181 In conditional obligations, the acquisitions of rights, as well as the extinguishment or loss of
those already acquired, shall depend upon the happening of the event which constitutes the
condition.

ART. 1182 When the fulfilment of the condition depends upon the sole will of the debtor, the
conditional obligation shall be void. If it depends upon chance or upon the will of a third
person, the obligation shall take effect in conformity with the provisions of this code.

ART. 1183 Impossible conditions, those contrary to good customs or public policy and those prohibited
by law shall annul the obligation which depends upon them. If the obligation is divisible,
the part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been
agreed upon.

ART. 1184 The condition that some event happen at a determinate time shall extinguish the oboligation
as soon as the time expires or if it has become indubitable that the event will not take place.

ART. 1185 The condition that some event will not happen at a determinate time shall render the
obligation effective from the moment the time indicated has elapsed, or if has become
evident that the event cannot occur.

If no time has been fixed, the condition shall be deemed fulfilled at such time as may
have probably been contemplated, bearing in mind the nature of the obligation.

ART. 1186 The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfilment.

ART. 1187 The effects of a conditional obligation to give, once the condition has been fulfilled, shall
retroact to the delay of the constitution obligation. Nevertheless, when the obligation
imposes reciprocals prestations upon the parties, the fruits and interest during the pendency
of the condition shall be deemed to have been mutually compensated. If the obligation is
unilateral, the debtor shall appropriate the fruits and interest received, unless from the
nature and circumstances of the obligation it should be inferred that the intention of the
person constituting the same was different.

In obligations to do and not to do, the courts shall determine, in each case, the
retroactive effect of the condition that has been complied with.

ART. 1188 The creditor may, before the fulfilment of the condition, bring the appropriate actions for the
preservation of his rights.

The debtor may recover what during the same time he has paid by mistake in case of
a suspensive condition.
ART. 1189 When the conditions have been imposed with the intention of suspending the efficacy of an
obligation to give, the following rules shall be observed in case of the improvements, loss or
deterioration of the thing during the pendency of the condition:

1.) If the thing is lost without the fault of the debtor, the obligation shall be
extinguished.
2.) If the thing is lost through the fault of the debtor, he shall be obliged to pay
damages; it is understood that the thing is lost when it perishes, or goes out of
commerce, or disappears in such a way that its existence is unknown or it cannot be
recovered;
3.) When the thing deteriorates without the fault of the debtor, the impairment is to
be borne by the creditor
4.) If it deteriorates through the fault of the debtor, the creditor may choose between
the rescission of the obligation and its fulfillemt , with indemnity for damages in
either case;
5.) If the thing is improved by its nature, or by time, the improvements shall inure to
the benefit of the creditor;
6.) If it is improved at the expense of the debtor, he shall have no other right than that
granted to the usufructuary.

ART. 1190 when the condition 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.

In case of loss, deterioration or improvements of a thing, the provisions which, with

respect to the debtor, are laid down in the preceding article shall be applied to the party who
is bound to return.

As for obligation to do or no to do, the provisions of the second paragraph of article

1187

Shall be observed as regards the effect of the extinguishment of the obligation.

ART. 1191 The power of the rescind obligations implied in reciprocal ones, in case one of the obligors
should not comply with what is incumbent upon him.
 The injured party may choose between the fulfilment and the rescission of the
obligation, with the payment of damages in either case. He may also seek rescission, even
after he has chosen fulfilment, if the latter should become impossible.

The court shall decree the rescission claimed, unless there be just cause authorizing
the fixing of a period.

This is understood to be without prejudice to the rights of third persons who have
acquired the thing, in accordance with articles 1385 and 1388 and the mortgage law.

ART. 1192 In case both parties committed a breach of the obligations, the liability of the first infractor
shall be equitably tempered by the courts. If it cannot be determined which of the parties
first violated the contract, the same shall be deemed extinguished, and each shall bear his
own damages.

ART. 1193 Obligations for whose fulfilment a day certain has been fixed, shall be demandable only
when that day comes.

Obligations with a resolutory period take effect at once, but terminate upon arrival of
the day certain.

A day certain is understood to be that which must necessarily come, although it may
not be know when.

If the uncertainty consists in whether the day will come or not, the obligations is
conditional, and it shall be regulated by the rules of the preceding section.

ART. 1994 In case of loss, deterioration or improvement of the thing before the arrival of the day
certain, the rules in article 1189 shall be observed.

ART. 1195 Anything paid or delivered before the arrival of the period, the obligor being unaware of the
period or believing that the obligation has become due and demandable, may be recovered,
with the fruits and interests.

ART. 1196 Whenever in an obligation a period is designated, it is presumed to have been established
for the benefit of both the creditor and debtor, unless from the tenor of the same or other
circumstances, it should appear that the period has been established in favour on one or of
the other.