Beruflich Dokumente
Kultur Dokumente
HANDOUT NO. 2
Rule on the Creditors rights to the fruits, personal and real rights
1. Before delivery of the Fruits the creditors right is personal or jus in personam, a
right which is enforceable only against a definite passive subject, the debtor.
2. After delivery of the fruits the creditor has now a real right over the fruits from the
time of delivery and becomes enforceable against the whole word.
KINDS OF FRUITS
1. Natural frutis spontaneous products of the soil without the intervention of human
labor, and the young and other product of animals with or without the intervention
of human labor, such as forest products
2. Industrial fruits product of the soil through cultivation or human labor, such as
palay and vegetables, planted by farmers.
3. Civil fruits fruits as a result of civilization or fruits arising out of a juridical relation,
such as rent of lands, apartments and buildings.
Creditors right against the debtor is the debtor does what has been forbidden
DEFAULT/DELAY (MORA)
Requisites:
1. Obligation is demandable and already liquidated
2. The debtor delays performance
3. The creditor requires performance judicially or extra-judicially
Kinds of Delay
1. Mora Solvendi default on the part of the debtor.
Exceptions:
i. When the obligation of the law expressly so declare; or
ii. 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 service is to be rendered was a controlling motive
for the establishment of the contract; or
iii. When demand would be useless, as when the obligor has rendered
it beyond his power to perform.
Effects:
i. Debtor is guilty of breach of the obligation
ii. Liability- if obligation to pay money; must pay interest; if no extra-
judicial demand, interest runs from the filing of the complaint. In
other obligations, pay damages
iii. Obligations to deliver a determinate thing, liable for fortuitous
events. If debtor can prove that loss would have resulted even if he
had been in default, the court may equitably mitigate the damages
iv. Resolution, in proper cases
2. Mora accipiendi delay of the creditor to accept the delivery of the thing which is
the object of the obligation
Requisites:
a. Offer of performance by the debtor
b. Offer must be to comply with the prestation as it should be performed
c. Creditor refuses the performance without just cause
Effects:
a. Responsibility of debtor is limited to fraud and gross negligence
b. Debtor is exempted from risk of loss of thing; creditor bears risk of loss
c. Expenses by debtor for preservation of thing after delay is chargeable to
creditor
d. If obligation bears interest, debtor does not have to pay from time of delay
e. Creditor liable for damages
f. Debtor may relieve himself of obligation by consigning the thing
3. Compensatio morae both parties are in delay (in reciprocal obligations); there is
no actionable default on the part of the both parties.
1. Fraud or dolo
2. Negligence or culpa
3. Delay or mora
4. Contravention of the term of the agreement.
Fraud, as a ground for damages, implies some kind of malice or dishonesty and it does not
cover cases of mistake and error of judgment made in good faith. The test is the element of
mistake, and not the actual harm done.
In general, every debtor who fails in the performance of his obligation is bound to
indemnify the aggrieved party for the losses and damages caused thereby. By the phrase in
any manner contravenes the tenor means any illicit act which impairs the strict and faithful
fulfillment of the obligation, or every kind of defective performance.
KINDS OF DAMAGES
Types of Fraud
1. Fraud in obtaining consent
2. Fraud in performing a contract
RENUNCIATION OF FRAUD
1. Future fraud cannot be renounced because the advance renunciation of the creditor
would be practically leave the obligation without effect.
2. Past fraud can be renounce.
NEGLIGENCE 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.
Kinds of Negligence
Culpa Aquiliana Culpa Contractual
Negligence is substantive and independent Negligence merely an incident of
performance of an obligation
There may or may not be a pre-existing There is a pre-existing contractual relation
contractual obligation
General Rule: Negligence can be waived except in cases where the nature of the
obligation or public policy requires another stand of care.
Exception: Nature of obligation of a common carrier
Diligence Required
1. That agreed upon by the parties
2. In the absence of stipulation, that required by law in the particular case
3. If both the contract and law are silent, diligence of a good father of a family
Test of Negligence The test of negligence can be determined by this standard: If the
defendant, in committing or causing the negligent act, had used reasonable care and
vigilance which a man of ordinary prudence would have employed under the same
situation, he is not guilty of negligence. Otherwise, he is guilty.
FORTUITOUS EVENT an event which could not be foreseen, or which though foreseen,
was inevitable.
Requirements:
1. The cause of the breach of the obligation must be independent of the will of
the debtor
2. The event must be either unforeseeable or unavoidable
3. The event must be such as to render it impossible for the debtor to fulfill his
obligation IN A NORMAL MANNER
4. The debtor must be free from any participation in, or aggravation of injury to
the creditor
Rules:
1. If debt produces interest, payment of the principal shall not be deemed to have
been made until the interest has been covered.
2. The receipt of the principal without reservation as to the payment of interest shall
raise the presumption that the said interest has been paid.
In order to satisfy his claim against the debtor, the creditor has the following successive
rights.