You are on page 1of 3


A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. aisa dc A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event . (457a

!f 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 any fortuitous event until he has effected the delivery. (&'()

ARTICLE 1198. $he debtor shall lose every right to ma#e use of the period* (& %hen after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt+ (, %hen he does not furnish to the creditor the guaranties or securities which he has promised+ cdt (- %hen by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones e"ually satisfactory+ (4 %hen the debtor violates any underta#ing, in consideration of which the creditor agreed to the period+ (5 %hen the debtor attempts to abscond. ARTICLE 1205. %hen the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. .ntil then the responsibility of the debtor shall be governed by the following rules*

ARTICLE 576. !f in conse"uence of a calamity or extraordinary event, the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trun#s at the disposal of the owner, and demand that the latter remove them and clear the land.

ARTICLE 591. !f the usufruct be constituted on a floc# or herd of livestoc#, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. !f the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune.

ARTICLE 1154. $he period during which the obligee was prevented by a fortuitous event from enforcing his right is not rec#oned against him.

ARTICLE 1165. %hen what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article &&7', may compel the debtor to ma#e the delivery. !f the thing is indeterminate or generic, he may as# that the obligation be complied with at the expense of the debtor.

(& !f one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists+ cd i (, !f the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages+ (- !f all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. ARTICLE 1221. !f the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. !f there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. cda !f through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. (&&47a ARTICLE 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the

debtor, and before he has incurred in delay. casia %hen by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. $he same rule applies when the nature of the obligation re"uires the assumption of ris#. (&&/,a

ARTICLE 1569. !f the thing sold had any hidden fault at the time of the sale, and should thereafter be lost by a fortuitous event or through the fault of the vendee, the latter may demand of the vendor the price which he paid, less the value which the thing had when it was lost. !f the vendor acted in bad faith, he shall pay damages to the vendee. (&4//a

ARTICLE 1942.$he bailee is liable for the loss of the thing, even if it should be through a fortuitous event* (& !f he devotes the thing to any purpose different from that for which it has been loaned+ (, !f he #eeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum h as been constituted+ (- !f the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exempting the bailee from responsibility in case of a fortuitous event+ (4 !f he lends or leases the thing to a third person, who is not a member of his household+

(5 !f, being able to save either the thing borrowed or his own thing, he chose to save the latter. (&744a and &745 ARTICLE 1990.!f the depositary by force majeure or government order loses the thing and receives money or another thing in its place, he shall deliver the sum or other thing to the depositor.

ARTICLE 2000.$he responsibility referred to in the two preceding articles shall include the loss of, or injury to the personal property of the guests caused by the servants or employees of the #eepers of hotels or inns as well as by strangers+ but not that which may proceed from any force majeure. $he fact that travellers are constrained to rely on the vigilance of the #eeper of the hotel or inn shall be considered in determining the degree of care re"uired of him. (&7/4a aisa dc

ARTICLE 2001.$he act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force. (n

ARTICLE 2148. 0xcept when the management was assumed to save the property or business from imminent danger, the officious manager shall be liable for fortuitous events* (& !f he is manifestly unfit to carry on the management+ (, !f by his intervention he prevented a more competent person from ta#ing up the management.