CHAPTER 1 – GENERAL PROVISIONS do not have the same interest, he shall be

responsible for fortuitous event until he has effected

ARTICLE 1156. “An obligation is a juridical necessity to
the delivery.”
give, to do or not to do. (n)”
ARTICLE 1166. “The obligation to give a determinate
ARTICLE 1157. Obligation arise from: 1. Law; 2.
thing includes that of delivery of all its accessions and
Contracts; 3. Quasi-Contracts; 4. Act or omissions
accessories, even though they may not have been
punished by law; and 5. Quasi-delicts
mentioned. (1097a)”
ARTICLE 1158. “Obligations derived from law are not
ARTICLE 1167. “If a person obliged to do something
presumed. Only those expressly determined in this
fails to do it, the same shall be executed at his cost.
Code or in special laws are demandable, and shall be
This same rule shall be observed if he does it in
regulated by the precepts of the law which establishes
contravention of the tenor of the obligation.
them; and as to what has not been foreseen, by the
Furthermore, it may be decreed that what has been
provisions of this Book. (1090)”
poorly done be undone. (1098)”
ARTICLE 1159. “Obligations arising from contracts
ARTICLE 1168. “When the obligation consists in not
have the force of law between the contracting parties
doing, and the obligor does what has been forbidden
and should be complied with in good faith.”
him, it shall also be undone at his expense.”
ARTICLE 1160. “Obligations derived from quasi-
ARTICLE 1169. Those obliged to deliver or to do
contracts shall be subject to the provisions of Chapter
something incur in delay from the time the obligee
I, Title XVII of this Book.”
judicially or extrajudicially demands from them the
ARTICLE 1161. “Civil obligations arising from criminal fulfillment of their obligation. However, the demand
offenses shall be governed by the penal laws, subject by the creditor shall not be necessary in order that
to the provisions of Article 2177, and the pertinent delay may exist: (1) When the obligation or the law
provisions of chapter 2, Preliminary title on Human expressly so declare; or (2) When from the nature and
Relations, and to Title XVIII of this Book, regulating the circumstances of the obligation it appears that the
damages.” designation of the time when the thing is to be
delivered or the service is to be rendered was a
ARTICLE 1162. “Obligations derived from quasi- controlling motive for the establishment of the
delicts shall be governed by the provisions of Chapter contract; or (3) When demand would be useless, as
2, Title XVII of this Book, and by special laws. (1093a)” when the obligor has rendered it beyond his power to
perform. In reciprocal obligations, neither party incurs
in delay if the other does not comply or is not ready to
CHAPTER 2 – NATURE AND EFFECT OF OBLIGATION comply in a proper manner with what is incumbent
ARTICLE 1163. “Every person obliged to give upon him. From the moment one of the parties fulfills
something is also obliged to take care of it with the his obligation, delay by the other begins. (1100a)
proper diligence of a good father of a family, unless ARTICLE 1170. “Those who in the performance of
the law or the stipulation of the parties requires their obligations are guilty of fraud, negligence, or
another standard of care. (1094a)” delay, and those who in any manner contravene the
ARTICLE 1164. “The creditor has a right to the fruits tenor thereof, are liable for damages. (1101)”
of the thing from the time the obligation to deliver it ARTICLE 1171. “Responsibility arising from fraud is
arises. However, he shall acquire no real right over it demandable in all obligations. Any waiver of an action
until the same has been delivered to him. (1095)” for future fraud is void.”
ARTICLE 1165. “When what is to be delivered is a ARTICLE 1172. “Responsibility arising from
determinate thing, the creditor, in addition to the negligence in the performance of every kind of
right granted him by Article 1170, may compel the obligation is also demandable, but such liability may
debtor to make the delivery. If the thing is be regulated by the courts, according to the
indeterminate or generic, he may ask that the circumstances. (1103)”
obligation be complied with at the expense of the
debtor. If the obligor delays, or has promised to ARTICLE 1173. The fault or negligence of the obligor
deliver the same thing to two or more persons who 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 of the place. When negligence shows
bad faith, the provisions of Articles 1171 and 2201,
paragraph 2, shall apply. If the law or contract does
not state the diligence which is to be observed in the
performance, that which is expected of a good father
of a family shall be required.

ARTICLE 1174. Except in cases expressly specified by

the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation
requires the assumption of risk, no person shall be
responsible for those events which could not be
foreseen, or which, though foreseen, were
inevitable. (1105a)

ARTICLE 1175. Usurious transactions shall be

governed by special laws.

ARTICLE 1176. The receipt of the principal by the

creditor without reservation with respect to the
interest, shall give rise to the presumption that said
interest has been paid. 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. (1110a)

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. (1111)

ARTICLE 1178. Subject to the laws, all rights acquired

in virtue of an obligation are transmissible, if there
has been no stipulation to the contrary. (1112)