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Article 1173 1

This document discusses Article 1173 of the Civil Code regarding negligence or fault of an obligor. It provides that an obligor must act with the diligence required by the nature of the obligation, considering circumstances of the person, time, and place. If not specified, ordinary diligence expected of a good family person is required. It also discusses types of negligence like gross negligence and contributory negligence. When determining negligence, the nature of obligation and circumstances must be considered. The document outlines measures of liability for damages according to the Civil Code and Code of Commerce, distinguishing between good faith and bad faith breaches.

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2K views12 pages

Article 1173 1

This document discusses Article 1173 of the Civil Code regarding negligence or fault of an obligor. It provides that an obligor must act with the diligence required by the nature of the obligation, considering circumstances of the person, time, and place. If not specified, ordinary diligence expected of a good family person is required. It also discusses types of negligence like gross negligence and contributory negligence. When determining negligence, the nature of obligation and circumstances must be considered. The document outlines measures of liability for damages according to the Civil Code and Code of Commerce, distinguishing between good faith and bad faith breaches.

Uploaded by

Allen Sonza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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ARTICLE 1173

PRESENTERS:
SERRANO, JOSIAH AARON D.
S O N Z A , C H R I S T I A N A L L E N T.
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 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.
Types of Negligence
Gross Negligence
- refers to a more serious form of negligent conduct
Comparative Negligence
- arises when multiple parties involved in an accident share some of the blame. 

Contributory Negligence
- differs from comparative negligence.

Vicarious Negligence
-  another form of negligence that needs to be accounted for and analyzed when considering a
lawsuit to recover damages.
Factors to be Considered
- In determining the issue of negligence, the following factors must be considered:

 Nature of the obligation.

 Circumstances of the person.

 Circumstances of Time.

 Circumstances of the place.


Measure of Liability for Damages
1. Civil Code provisions
— The Civil Code, in the Title on Damages, provides:

“Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in
good faith is liable shall be those that are the natural and probable consequences of the breach
of the obligation, and which the parties have foreseen or could have reasonably foreseen at the
time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the
obligor shall be responsible for all damages which may be reasonably attributed to the non-
performance of the obligation.”
Measure of Liability for Damages
“Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if the
court should find that, under the circumstances, such damages are justly due. The same rule
applies to breaches of contract where the defendant acted fraudulently or in bad faith.’’

“Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the
defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.’’

“Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.’’
Measure of Liability for Damages
2. Contractual breach committed in good faith/bad faith.

The law distinguishes a contractual breach effected in good faith from one attended by bad
faith. Where in breaching the contract, the defendant is not shown to have acted fraudulently or
in bad faith (see Art.2220.), liability for damages is limited to the natural and probable
consequences of the breach of the obligation and which the parties had foreseen or could have
reasonably foreseen; and in that case, such liability would not include liability for moral and
exemplary damages.
Measure of Liability for Damages
3. With respect to moral damages.

They are not punitive in nature. Although incapable of pecuniary estimation, such damages

must somehow be proportional to and in approximation of the suffering inflicted, the factual

basis for which must be satisfactorily established by the aggrieved party.


Measure of Liability for Damages
4. Code of Commerce provisions.
— The principle of limited liability in maritime law is enunciated in the following provisions of
the Code of Commerce:

“Art. 587. The ship agent shall also be civilly liable for the indemnities in favor of third persons
which may arise from the conduct of the captain in the care of goods which he loaded on the
vessel; but he may exempt himself therefrom by abandoning the vessel with all the equipments
and the freight it may have earned during the voyage.’’
Measure of Liability for Damages
“Art. 590. The co-owners of a vessel shall be civilly liable in the proportion of their interests in
the common fund for the results of the acts of the captain referred to in Art. 587.’’

“Art. 837. The civil liability incurred by ship-owners in the case prescribed in this section, shall be
understood as limited to the value with all the appurtenances and the freightage served during
the voyage.’’
Kinds of Diligence Required
- Under Article 1173, the following kinds of diligence are required:

1.) that agreed upon by the parties, orally or in writing;


2.) in the absence of stipulation, that required by law in the particular case (like the
extraordinary diligence18 required of common carriers); and
3.) if both the contract and law are silent, then the diligence
expected of a good father of a family (par. 2.) or ordinary diligence.
THANK YOU!

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