1. Concept Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. x x x If the law or contract does not state the diligence…
1. Standard of care The law provides for the following standard of care: 1) Ordinary diligence or good father of a family; and 2) Extraordinary diligence or the highest degree of care. a. Ordinary diligence Article 1173. x x x If the law or contract does not state the diligence which is to be observed…
1. Rights and obligations a. Creditors 1) To demand that a thing to be given is taken cared of Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties…
1. Sources of obligations Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a) (civil code) Thus, the following are the sources of obligations: 1) Law; 2) Contracts; 3) Quasi-contracts; 4) Acts or omissions punished by law; and 5) Quasi-delicts. a. Law Law…
Preliminary Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n) (CIVIL CODE) Obligation – refers to “a juridical necessity to do or not to do.” (CIVIL CODE, Article 1156) Juridical necessity – refers to legal obligation or compulsion. Under this Article, the obligation being defined is a…