What is Article 1169 obligation and contracts?
Asked by: Dr. Payton Walsh | Last update: July 31, 2025Score: 4.9/5 (22 votes)
“No demand, no delay.” This rule is spelled out by Article 1169 of the Civil Code, where those obliged to deliver or to do something incur a delay from the time the obligee (or the person to whom an obligation is owed) judicially or extrajudicially demands fulfillment of the obligation.
What is an obligation in obligations and Contracts?
An obligation is the responsibility of a party to meet the terms of a contract or agreement. If an obligation is not met, the legal system often provides recourse for the injured party.
What is obligations and Contracts Article 1179?
Article 1179. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once.
What is an example of a compensatio Morae?
This refers to a situation where both the debtor and creditor are in default in reciprocal obligations. For instance, in a sale contract, if the seller fails to deliver the goods and the buyer fails to pay the price, both at the same time, this would be compensatio morae.
What are the requisites for delay?
These are; The debt must be due to demandable and liquidated. Secondly, the debtor must have failed to honor his obligation on the set date. Thirdly, the creditor or lender should have made a judicial demand to the debtor to fulfill the said obligation.
Ordinary Delay vs. Legal Delay (Article 1169, Civil Code, Nature and Effect of Obligations)
What is the meaning of delay in Article 1169?
“No demand, no delay.” This rule is spelled out by Article 1169 of the Civil Code, where those obliged to deliver or to do something incur a delay from the time the obligee (or the person to whom an obligation is owed) judicially or extrajudicially demands fulfillment of the obligation.
What are the 4 types of delay?
- Transmission delay.
- Propagation delay.
- Queuing delay.
- Processing delay.
What is an example of an indeterminate obligation?
Another example of an indeterminate obligation is a promise to donate money to a charity, without specifying the exact amount. The amount can be determined later, based on the needs of the charity or the donor's financial situation.
What is a dolo causante?
In contracts, a fraud known as dolo causante or causal fraud is basically a deception used by one party prior to or simultaneous with the contract, in order to secure the consent of the other.
What is an example of an onerous obligation?
Example(s)
A manufacturing firm enters a long-term supply agreement with a fixed price clause. When raw material costs spike unexpectedly, fulfilling the contract results in a loss, hence the contract is considered onerous.
What is a potestative condition?
The potestative condition is that which makes the execution. of the agreement depend on an event which it is in the power of the one or the. other of the contracting parties to bring about or to hinder."
What is a negative condition?
A negative condition is a condition that forbids or prevents a party from doing a specific thing. Negative condition can include conditions such as prohibiting a tenant from subletting leased property, a promise not to do something, usually as part of a larger agreement.
What does article 1159 mean?
In the Philippines, contracts are considered the law between the parties under Article 1159 of the Civil Code. This means that neither party can unilaterally terminate a valid and binding contract without just cause or legal basis, as it would constitute a breach of contract.
How can a contract be breached?
A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue.
What is an obligation not to do?
The obligations not to do involve the restriction of certain actions or activities by one of the parties. In other words, a party compromises not to perform certain actions that could interfere with the interests of the other party or that are against what was agreed in the contract.
What is an example of a debt obligation?
Here are some examples of debt obligations: Real estate mortgage loans. Credit card. Personal loans.
What is culpa aquiliana?
When a person is guilty of culpa aquiliana, he or she is guilty of an act or failure to act. This act causes damages to somebody else without any type of contractual relationship between the defendant and the victim. When a person causes such damages, he or she must compensate the victim for them.
What is negligence in the performance of obligation?
The negligence of the obligor in the performance of the obligation renders him liable for damages for the resulting loss suffered by the obligee. Fault or negligence of the obligor consists in his failure to exercise due care and prudence in the performance of the obligation as the nature of the obligation so demands.
What are the three elements of dolo?
It discusses the requisites of dolo as criminal intent, freedom of action, and intelligence. Intent demonstrates the means to an end, while motive is the reason for an act. Criminal intent can be general or specific. The requisites of culpa are negligence, imprudence, and freedom of action with intelligence.
What is the remedy for breach of contract?
In short, the potential remedies for a breach of contract claim can include compensatory damages, specific performance, injunction, rescission, liquidated damages, and nominal damages. If someone breaches a contract with you or your company, you deserve justice.
What is an imperfect obligation?
A quick definition of imperfect obligation:
An imperfect obligation is a type of duty that is not legally enforceable, but is based on a person's conscience or moral beliefs. It is different from a perfect obligation, which is legally binding.
What is a force majeure?
Force majeure is a clause included in contracts to remove liability for unforeseeable and unavoidable catastrophes that prevent participants from fulfilling obligations. These clauses generally cover natural disasters and catastrophes created by humans.
What is slapback delay?
Slapback Delay
Was super popular in the 50's and 60's and has a cool retro sound. It is just the one repeat of the note just delayed enough to hear it clearly and while it's not a set subdivision of a beat - the tempo of the song will dictate the exact setting that sounds cool.
What are the two time delay procedures?
Decide which time delay procedure and wait time to use Choose if you will use constant time delay (same amount of wait time) or progressive time delay (gradually increasing wait time). Decide how much time to wait for your child to respond before repeating the target cue and giving the controlling prompt.
What is a tape delay?
Tape delay is largely what it sounds like. It's a physical device that uses magnetic tape to create artificial echoes. Tapes are generally formatted into loops. This loop passes over record, playback and erase heads. There can often be multiple playback heads, creating multi-tap delays.