What is Article 1174 obligation and contracts?
Asked by: Briana Luettgen | Last update: May 30, 2025Score: 4.2/5 (33 votes)
ART. 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.
What is Article 1174 in the French Civil Code?
Art. 1174. – Where writing is required for the validity of a contract, it may be created or stored in electronic form subject to the conditions provided by articles 1366 and 1367 and, where an authenticated instrument is required, by paragraph 2 of article 1369.
What is Article 1170 obligation and contracts?
ART. 1170. Those who in the performance of their obligations are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
What is Article 1177 obligation and contracts?
Explanation: The topic here pertains to obligations and contracts under Civil Law, specifically those mentioned in articles 1177, 1178, and 1179 of the Civil Code. Article 1177 states that any creditors can sue any debtor who fails to fulfill certain obligations, depending on their respective rights and properties.
What are the grounds for a fortuitous event?
The elements of a "fortuitous event" are: (a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtors to comply with their obligations, must have been independent of human will; (b) the event that constituted the caso fortuito must have been impossible to foresee or, if foreseeable, ...
What are fortuitous events? (Art. 1174, Civil Code, Nature and Effect of Obligations)
What is Article 1174 fortuitous events?
Article 1174 of the Civil Code of the Philippines defines fortuitous events as those which could not be foreseen, or which foreseen, were inevitable. The law further provides that no person shall be responsible for such fortuitous events and exempts from liability the person obliged to do or perform something.
What is an example of force majeure?
Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).
What is article 1176 all about?
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.
What is the Article 1318 law on obligations?
Under Article 1318 of the Civil Code, the following are the essential requisites of a valid contract: 1) the consent of the contracting parties, 2) the object certain which is the subject matter of the contract, and 3) the cause of the obligation which is established.
What is the 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 Article 1337 obligations and contracts?
Article 1337 defines the concept of undue influence, as follows: There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.
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 Article 1191 obligation and contracts?
ARTICLE 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case.
What is the Civil Code 1174 B?
(b) The jury or the court, if the proceedings be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be ...
What is Article 1170 of the French Civil Code?
According to article 1170 of the French Civil Code: “A potestative condition is one which makes the execution of the agreement depend upon an event that one or the other of the contracting parties has the power to bring about or to prevent.”
What is the Article 1134 of the Civil Code?
ART. 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years.
What is Article 1170 obligation?
Article 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
What is Article 1306 obligations and contracts?
Article 1306 of the Philippine New Civil Code provides that parties to a contract may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
What is Article 1377 obligations and contracts?
Article 1377 provides that ambiguous terms or stipulations in a contract shall be interpreted against the party that caused the ambiguity. Specifically: 1) Ambiguous terms should be interpreted against the drafter of the contract.
What is the meaning of article 1174?
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. (
What is 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. Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. ( 1113)
What is articles 1305 Civil Code?
Article 1305 gives the general definition of contracts: "A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service." In addition to these general rules on contracts, specific provisions are laid down regarding trusts (art.
What is the act of God in contract law?
Contract law
Some contracts contain an act of God or 'force majeure' clause. A 'force majeure' clause stipulates what happens to the obligations imposed by the contract in the event its terms cannot be carried out because of an event that is beyond the parties' control.
What is the end of the world clause?
My personal favourite is the so-called “End of the World” clause which goes something like this: “Upon the occurrence of the end of the world, all loans will become immediately due and payable and the Lender may enforce its rights by any available procedure.
What is frustration in contract law?
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract.