OBLIGATIONS AND CONTRACTS - ARTICLES If the thing is indeterminate or generic, he
may ask that the obligation be complied with
Article 1156. An obligation is a juridical necessity to give, to
at the expense of the debtor.
do, or not to do.
If the obligation delays, or has promised to
Article 1157. Obligations arise from:
deliver the same thing to two or more
1. Law
persons who do not have the same interest,
2. Contracts
he shall be responsible for fortuitous event
3. Quasi-contracts
until he has effected the delivery.
4. Acts or omissions punished by law
5. Quasi-delicts Article 1166. The obligation to give a determinate thing
includes that of delivering all its accessions
Article 1158. Obligations derived from law are not
(Legal obligations arising and accessories, even though they may not
presumed. Only those expressly determined
from law)
have been mentioned.
in this Code or in special laws are
demandable, and shall be regulated by the Article 1167. If a person obliged to do something fails to
precepts of the law which establishes them; do it, the same shall be executed at his cost.
and as to what has not been foreseen, by the
This same rule shall be observed if he does
it in contravention of the tenor of the
provisions of this Book.
obligation. Furthermore, it may be decreed
Article 1159. Obligations arising from contracts have the that what has been poorly done be undone.
(Obligations arising from
contracts) force of law between the contracting parties
Article 1168. When the obligation consists in not doing, and
and should be complied with in good faith.
the obligor does what has been forbidden
Article 1160. Obligations derived from quasi-contracts him, it shall also be undone at his expense.
(Obligations arising from
quasi-contracts)
shall be subject to the provisions of Chapter
Article 1169. Those obliged to deliver or to do something
incur in delay from the time the obligee is
1, Title XVII of this Book.
judicially or extrajudicially demands from
Article 1161. Civil obligations arising from criminal offenses them the fulfillment of their obligation.
(Civil liability for damages
arising from crimes or
However, the demand by the creditor shall
delicts) shall be governed by the penal laws, subject
not be necessary in order that delay may
to the provisions of article 2177, and of the
exist:
pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of
1. When the obligation or the law expressly so
declares; or
Title XVIII of this book, regulating damages
2. When from the nature and the circumstances of the
obligation it appears that the designation of the
Article 1162. Obligations derived from quasi-delicts shall
(Obligations arising from time when the thing is to be delivered or the service
quasi-delicts or torts) be governed by the provisions of Chapter 2,
is to be rendered was a controlling motive for the
Title XVII of this Book, and by special laws.
establishment of the contract; or
Article 1163. Every person obliged to give something is also 3. When the demand would be useless, as when the
obligor has rendered it beyond his power to perform.
obliged to take care of it with proper
In reciprocal obligations, neither party
diligence of a good father of a family, unless
incurs in delay if the other does not comply
or is not ready to comply in a proper manner
the law or the stipulation of the parties
what is incumbent upon him. From the
requires another standard of care.
moment one of the parties fulfills his
Article 1164. The creditor has a right to the fruits of the obligation, delay by the other begins.
thing from the time the obligation to deliver
Article 1170. Those who in the performance of their
it arises. However, he shall acquire no real
obligations are guilty of fraud, negligence, or
right over it until the same has been
delivered to him.
delay and those who in any manner
Article 1165. When what is to be delivered is a contravene the tenor thereof, are liable for
determinate thing, the creditor, in addition damages.
to the right granted him by Article 1170,
may compel the debtor to make the delivery.
Article 1171. Responsibility arising from fraud is there has been no stipulation to the
demandable in all obligations. Any waiver of contrary.
an action for future fraud is void.
Article 1179. Every obligation whose performance does not
Article 1172. Responsibility arising from negligence in the depend upon a future or uncertain event, or
performance of every kind of obligation is upon a past event unknown to the parties, is
also demandable, but such liability may be demandable at once.
regulated by the courts, according to the
circumstances. Every obligation which contain a resolutory
condition shall also be demandable, without
prejudice to the effects of the happening of
the event.
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 person, of the time and Article 1181. In conditional obligations, the acquisition of
rights, as well as the extinguishment of
of the place. When negligence shows bad those already acquired, shall depend upon
faith, the provisions of articles 1171 and the happening of the event which
2201, paragraph 2, shall apply. constitutes the condition.
If the law or contract does not state the Article 1182. When the fulfillment of the condition
diligence which is to be observed in the depends upon the sole will of the debtor, the
performance, that which is expected of a
good father of a family shall be required. conditional obligation shall be void. If it
depends upon chance or upon the will of a
Article 1174. Except cases expressly specified by the law,
third person, the obligation shall take effect
or when it is otherwise declared by
stipulation, or when the nature of the
in conformity with the provisions of this
obligation requires the assumption of risk, no
Code.
person shall be responsible for those events Article 1183. Impossible conditions, those contrary to good
which could not be foreseen, or which
though foreseen, were inevitable. customs or public policy and those prohibited
Article 1175. Usurious transactions shall be governed by
by law shall annul the obligation which
special laws.
depends upon them. If the obligation is
divisible, the part thereof which is not
Article 1176. The receipt of the principal by the creditor,
affected by the impossible or unlawful
without reservation with respect to the
condition shall be valid.
interest, shall give rise to the presumption
that said interest has been paid.
The condition not to do an impossible thing
shall be considered as not having been
agreed upon.
The receipt of a later installment of a debt
without reservation as to prior installments,
shall likewise raise the presumption that
such installments have been paid.
Article 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
for 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.
Article 1178. Subject to the laws, all rights acquired in
virtue of an obligation are transmissible, if
