(MEMORIZATION) OBLIGATIONS 4 **From NATURE AND EFFECTS OF OBLIGATIONS to MORA ACCIPIENDI.

What are the Kinds of legal delay or default?

1 Mora solvendi - Default on the part of the debtor/obligor. a. Ex re - Default in real obligations (to give); b. Ex personae - Default in personal obligations (to do); 2. Mora accipiendi - Default on the part of the creditor/oblige; 4. Compensatio morae - Default on the part of both the debtor and creditor in reciprocal obligations.

What are its effects? MORA ACCIPIENDI ?

1 Responsibility of debtor is limited to fraud and gross negligence; 2 Debtor is exempted from risk of loss of thing; creditor bears risk of loss; 3 Expenses by debtor for preservation of thing after delay is chargeable to creditor; 4 If the obligation bears interest, debtor does not have to pay it from time of delay; 5 Creditor liable for damages; and 6 Debtor may relieve himself of obligation by consigning the thing.

What are the Effects of mora solvendi?

1. Debtor may be liable for damages (NCC, Art. 1155) or interests; and NOTE: The interest begins to run from the filing of the complaint when there is no extrajudicial demand. 2. When the obligation has for its object a determinate thing, the debtor may bear the risk of loss of the thing even if the loss is due to fortuitous event; 3. Rescission or resolution.

What are the requisites of MORA SOLVENDI?

1. Obligation Pertains to the debtor; 2. Obligation is Determinate, due and demandable, and liquidated; 3. Obligation has not been performed on its Maturity date; 4. There is Judicial or extrajudicial demand by the creditor; and 5. Failure of the debtor to comply with such demand.

MORA ACCIPIENDI what are its requisites?

1. Offer of Performance by a capacitated debtor; 2. Offer must be to Comply with the prestation as it should be performed; and 3. Refusal of the creditor without just cause (Pantaleon v. Amex, supra).

What are the types of personal obligations?

1. Positive - To do; 2. Negative - Not to do.

What are the Remedies in personal obligations?

1. Positive personal obligations a. Not purely personal act - To have obligation executed at debtor's expense plus damages; b. Purely personal act - Damages only. When positive personal obligations considered breached: a. If the debtor fails to perform the obligation; or b. Even in case of performance but the same is done either in a poor manner or in contravention of the tenor of the obligation (NCC, Art. 1167). 2. Negative personal obligation - To have the prohibited thing undone at the expense of the debtor plus damages. However, if thing cannot be physically or legally undone, only damages may be demanded (8 Manresa 58).

What are the Causes of cessation of the effects of mora?

1. Renunciation (express/implied); or 2. Prescription.

In BREACHES OF OBLIGATIONS, what is the degree of diligence required?

1. That agreed upon; 2. In the absence of such, that which is required by the law; GR: In the absence of the foregoing, diligence of a good father of a family. XPNs: a. Common carriers requiring extraordinary diligence (NCC, Arts. 1998-2002); b. Banks require the highest degree of deligence, being imbued with public interest.

What are the Forms of breach of obligations?

1. Voluntary - Debtor is liable for damages if he is guilty of: a. Default (mora) b. Fraud (dolo) c. Negligence (culpa) d. Breach through contravention of the tenor thereof (NCC, Art. 1170). 2. Involuntary - Debtor is unable to perform the obligation due to fortuitous event thus not liable for damages.

What are the Instances where the remedy under Art. 1168 is not available? Breaches of Obligations.

1. Where the effects of the act which is forbidden are definite in character - Even if it is possible for the creditor to ask that the act be undone at the expense of the debtor, consequences contrary to the object of the obligation will have been produced which are permanent in character. 2. Where it would be physically or legally impossible to undo what has been undone - Because of: a. The very nature of the act itself; b. A provision of law; or c. Conflicting rights of third persons. NOTE: In either case, the remedy is to seek recovery for damages (NCC, Art. 1168).

What are the kinds of delay?

1.. Ordinary delay - This is the mere failure to perform an obligation at the stipulated time. 2. Extraordinary delay or legal delay - This delay already equates to non-fulfillment of the obligation and arises after the extrajudicial or judicial demand has been made upon the debtor (Pineda, 2000).

What are the Instances when demand by the creditor is not necessary in order that delay may exist?

GR: No demand = no default [NCC, Art. 1169 (2)]. XPNs: Demand by the creditor shall not be necessary in order that delay may exist when: 1. The obligation or the law expressly so declares; or 2. From the nature and the circumstances of the obligation it appears that the designation of 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 3. Demand would be useless, as when the obligor has rendered it beyond his power to perform [Art. 1169 (2)].

What are the Effects of breach of obligation?

If a person obliged to do something fails to do it, or if he does it in contravention of the tenor of the obligation or what has been poorly done be undone, the same shall be executed at his cost (NCC, Art. 1167). When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense (NCC, Art.1168).

What is the rule when Specific performance is not a remedy in positive personal obligations?

If specific performance will be allowed, it will amount to involuntary servitude which is prohibited by the Constitution (Pineda, 2000).

What are the Debtor's liability may be mitigated even if he is guilty of delay?

If the debtor can prove that loss would nevertheless transpire even if he had not been in default, the court may equitably mitigate his liability [NCC, Art. 2215(4); Pineda, 2000]

What is the Principle of "balancing of equities" in actions for specific performance?

In decreeing specific performance, equity requires not only that the contract be just and equitable in its provisions, but that the consequences of specific performance likewise be just and equitable. The general rule is that this equitable relief will not be granted if, under the circumstances of the case, the result of the specific performance of the contract would be harsh, inequitable, and oppressive or result in an unconscionable advantage to the plaintiff (Agcaoili v. GSIS, G.R. No. 30056, August 30, 1988).

What is the Non-applicability of mora solvendi?

Mora solvendi does not apply in natural obligations because performance is optional or voluntary on the debtor's part. One can never be late in not giving or doing something.

What is the rule on the delivery of a specific thing?

NOTE: In an obligation to deliver a specific thing, the creditor has the right to demand preservation of the thing, its accessions, accessories, and the fruits. The creditor is entitled to the fruits and interests from the time the obligation to deliver the thing arise.

What is Diligence of a good father of a family?

That reasonable diligence which an ordinary prudent person would have done under the same circumstances.

What is the Right of the creditor to the fruits?

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him (NCC, Art. 1164).

What is or the principle of DELAY (MORA) OR DEBTOR'S DEFAULT?

Those obliged to deliver or to do something incur in delay from the time the obligee (creditor) judicially or extrajudicially demands from them the fulfillment of their obligation. 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 fulfills his obligations, delay by the other begins (NCC, Art. 1169). (2002 Bar)

What are the types of real obligations?

Types of real obligations 1. Determinate/specific - Particularly designated or physically segregated from all others of the same class; 2. Indeterminate/Generic - Is designated merely by its class or genus; 3. Delimited generic - Generic objects confined to a particular class (Tolentino, 2002); e.g. An obligation to deliver one of my horses.