What does article 1166 mean?
Asked by: Eulalia Maggio I | Last update: March 29, 2026Score: 4.8/5 (22 votes)
Article 1166 typically refers to provisions in different legal codes, most commonly the Philippine Civil Code (Obligations and Contracts), stating that an obligation to deliver a specific thing includes its accessories and accessions (like fruits or attached parts) unless excluded by agreement, and in US law, 10 U.S. Code § 1166 covers military warrant officer removal for performance issues, while a recent North Dakota House Bill (HB 1166) allows sealing certain criminal records after dismissal or acquittal.
What is article 1166 all about?
Article 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. ( 1097a) Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost.
What is the meaning of specific or determinate thing?
A thing is determinate when it is particularly designated or physically segregated from all others of the same class. (Art. 1460) It is determinate or specific if it is distinct from all others and can individually be classified or determined. From the word itself determinate meaning can be determined from all others.
What is an example of a positive personal obligation?
I. Definition of Obligation and General Principles
- To give (real obligation) – Delivering a thing (e.g., payment of money, transfer of property).
- To do (positive personal obligation) – Performing a service or an act (e.g., constructing a house).
What is article 1163 all about?
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (
The Law on Obligations and Contracts - Article 1166 Meaning of Accessions and accessories
What does article 1164 mean?
The Creditor Has A Right To The Fruits of The Thing From The Time The Obligation To. The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises, but does not acquire real rights over the thing until actual or constructive delivery.
How much can I claim for moral damages?
Death or Physical Injuries: In cases involving criminal offenses resulting in death, moral damages often range from PHP 50,000 to PHP 100,000 or more, depending on the severity of the pain and suffering, relationship of the victim to the claimant, and other aggravating factors.
What are the three types of obligations?
Absolute obligation involves unconditional terms, while contractual obligation stems from agreements between parties. Express obligation specifically states duties in an agreement, whereas moral obligation is based on right or wrong standards but isn't legally enforced.
What is an example of a positive person?
Some examples that demonstrate a positive attitude include working with others towards a common goal, being resourceful with your time, working through difficult circumstances, and being kind to yourself and others.
What is meant by personal obligation?
A strictly personal obligation is an obligation that is only enforceable by the original obligee or against the original obligor (thus, it's not heritable. (3) Conditional Obligations. Conditional obligation is an obligation whose occurrence depends on an uncertain event.
What is the Article 1156 of the Civil Code?
An obligation is a juridical necessity to give, to do or not to do. this, a court may be asked to order the performance of an obligation. performance of the debtor, he can no longer recover what he has given.
What is the law that describes rights and duties called?
substantive law. Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution.
What is the diligence of a good father of a family in law?
Case law states that the concept of diligence of a good father of a family "connotes reasonable care consistent with that which an ordinarily prudent person would have observed when confronted with a similar situation.
What does article 1167 mean?
In simple words, Article 1167 of the Philippine Civil Code means that if someone fails to do what. they are supposed to do under an agreement, they have to make it right at their own expense. This applies if they don't do it at all, if they do it against the agreement, or if they do it poorly.
What are some examples of obligations?
Examples of obligations include legal duties (paying taxes, obeying traffic laws, child support), contractual duties (a tenant paying rent, a company delivering software), and moral/ethical duties (helping someone in need, a politician representing constituents, parents caring for children). They represent a commitment or responsibility to do or not do something, enforced by law, agreements, or conscience.
What is Article 1186 obligation and contracts?
It provides that if an obligor voluntarily prevents the fulfillment of a condition, the law will consider the condition fulfilled. It gives an example of an obligor preventing the sale of land to avoid paying a commission, and explains that the condition is deemed fulfilled, making the obligor liable.
What are the 5 C's of positive thinking?
The 5 Cs of positive thinking, often linked to Positive Youth Development (PYD), are Competence, Confidence, Connection, Character, and Caring, representing key strengths for healthy growth, while other models adapt these for mental wellness or stress management, focusing on traits like Compassion, Choice, Courage, and Conviction for self-esteem, or Catch, Check, Collect, Challenge, Change for cognitive restructuring. Essentially, these frameworks guide individuals to build internal strengths, foster positive relationships, and adopt constructive mindsets to navigate life resiliently.
What are 5 qualities of a good person?
Five universally admired qualities of a good person include kindness, honesty, empathy, resilience, and integrity, as these foster strong relationships, personal growth, and ethical behavior by showing compassion, truthfulness, understanding, perseverance through challenges, and faithfulness to one's values.
What are the two obligations that every person has?
The first is towards his family, parents, wife and children; the second obligation is his contribution towards fellow people, his community and his country.
What is a moral obligation in law?
A moral obligation refers to a duty or commitment that arises from one's personal sense of right and wrong, ethics, or conscience, rather than from a legal requirement, contract, or statute.
What is the obligation of human rights?
Both rights and obligations
The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses.
How to prove bad faith in court?
To prove someone is acting in bad faith in a legal setting, the burden is typically on the claimant. Courts often require clear evidence of the following: Unjustified refusal to fulfill obligations: This could include failing to pay benefits or withholding performance without a legitimate reason.
What are the damages for civil rights lawsuit?
The compensation usually comprises economic damages (e.g., medical expenses and lost income), emotional distress damages, court fees, injunctive relief, attorney's legal fees, and equitable relief. Depending on your case, your financial settlement may range from thousands to millions of dollars.
How much can I sue for negligence?
The question how much can I sue my lawyer for negligence doesn't have a simple answer – it depends entirely on your specific situation and the financial harm you suffered. The reality is that damages can range from tens of thousands to several million dollars, based on what your attorney's negligence actually cost you.