Overview
This lecture covers essential concepts in the nature and effects of obligations, including types of breaches, distinctions between fraud and negligence, delay rules, fortuitous events, damages, presumptions, and the transmissibility of rights.
Fraud vs. Negligence
- Fraud (dolo) involves deliberate intent to cause harm; negligence (culpa) involves lack of required diligence.
- Liability for fraud cannot be reduced by the court; liability for negligence can be mitigated.
- Waivers for future fraud are void; waivers for future negligence may be valid in certain situations.
- Gross negligence, which shows reckless disregard, can be considered equivalent to fraud.
Types of Negligence Liability
- Culpa Aquiliana: Source is negligence itself (no contract needed); proven by preponderance of evidence.
- Culpa Contractual: Source is breach of contract due to negligence; also proven by preponderance of evidence.
- Culpa Criminal: Source is criminal negligence; requires proof beyond reasonable doubt.
- Without a contract, liability is only under culpa aquiliana or culpa criminal.
Delay in Obligations
- Unilateral obligations: No delay unless demand is made, unless excepted by law, contract, or useless demand.
- Reciprocal (bilateral) obligations: Delay starts when one party complies and the other does not.
- Exemptions exist when specific times are stipulated for performance.
Fortuitous Events
- Four requisites: event is beyond debtor's control, unforeseeable/unavoidable, makes performance impossible, and debtor is not at fault.
- General rule: no liability for loss due to fortuitous events, except if the law, contract, or nature of obligation requires liability, or if debtor is in delay.
Types of Damages
- Actual/Compensatory damages: Require proof of monetary loss.
- Moral damages: For physical suffering or emotional distress.
- Nominal damages: Awarded to recognize a violated right.
- Temperate/Moderate damages: Awarded when loss is certain but amount is unsure.
- Exemplary/Corrective damages: Imposed as a public example or correction.
- Liquidated damages: Pre-agreed amount stipulated in contract.
Legal Presumptions
- Receipt of principal: Presumes interest has been paid unless proven otherwise.
- Receipt of later installment: Presumes earlier installments paid unless objected; presumption does not apply to taxes.
- Presumptions: May be conclusive (irrebuttable) or disputable (rebuttable with evidence).
Transmissibility of Rights
- General rule: Rights arising from obligations are transferable.
- Exceptions: If prohibited by law (e.g., right to vote), by contract/stipulation (e.g., scholarship), or by nature of the right (e.g., attending own wedding).
Key Terms & Definitions
- Obligation — A legal duty to perform or refrain from an act.
- Fraud (dolo) — Deliberate intent to deceive or harm.
- Negligence (culpa) — Failure to exercise required diligence.
- Gross negligence — Extreme carelessness nearly equivalent to fraud.
- Fortuitous event — Unforeseen event making fulfillment impossible.
- Damages — Monetary compensation for loss or injury.
Action Items / Next Steps
- Review Article 1170 and related Civil Code provisions.
- Read about types of damages (Articles 2199, 2217, 2224, 2229).
- Prepare for next lecture on the different kinds of obligations.