The creditor has no duty to show that the debtor was at fault. This presumption is reasonable because the debtor who has the custody and care of the thing can easily explain the circumstances of the loss. The article establishes a disputable presumption of fault whenever the thing to be delivered is lost in the possession of the debtor. Ang sapantahang nabanggit ay hindi maaaring gamiting sa mga kaso ng lindol, baha, bagyo, o anumang natural na kalamidad. Kapag ang bagay ay nawala sa mga kamay ng may utang, ito ay inaakalang nawala dulot ng kanyang pagkakamali, maliban na lamang kung may makakapagpatunay sa taliwas nito, nang hindi nakakapinsala sa probisyon ng Artikulo 1165. Even if there was fault on the part of Gloria, she can still deliver the horse with liability for damages, if any, suffered by Joseph.Īrtikulo 1265. If the horse to be delivered is to be slaughtered by Joseph, the injury is clearly not important. If the loss is due to the fault of Gloria, she shall be obliged to pay the value of the horse with indemnity for damages. Here, the partial loss is so important as to extinguish the obligation. The horse met an accident as a result of which it suffered a broken leg. Gloria obliged himself to deliver to Joseph a specific race horse. In other words, the court will decide whether the partial loss is such as to be equivalent to a complete or total loss. In case of partial loss, the court is given the discretion, in case of disagreement between the parties, to determine whether under the circumstances it is so important in relation to the whole as to extinguish the obligation. Partial loss is the equivalent of difficulty of performance in obligations to do. There is partial loss when only a portion of the thing is lost or destroyed or when it suffers depreciation or deterioration. The debtor is freed if he has no participation if NOT, he is liable for damages.ĭepende sa sitwasyon, tutukuyin ng mga korte kung ang bahagiang pagkasira o pagkawala ng bagay ng obligasyon ay mahalaga para mapawalang bisa ang obligasyon.Įffect of partial loss of a specific thing. In sales, after the perfection of the contract, the object is lost due to fortuitous event.The debtor must return to the creditor whatever he has received by reason of the obligation.The entire juridical relation is extinguished.The extinguishment of obligation due to loss or impossibility of performance affects both the debtor and the creditor.Debtor is liable for damages if he is negligent, i.e., he placed the thing within reach of thieves and NOT in secure/safe place.He must show that he could NOT resist the violence. When the lost is due to robbery or theft: GENERAL RULE: The loss of the thing is borne by the owner. when the obligation to deliver a specific thing arises from a crime.when the nature of the obligation requires the assumption of risk. No exemption from liability for the debtor: It shall be extinguished when the determinate thing shall be lost or destroyed without fault of the obligor/debtor and before he is in default. Fortuitous event does NOT necessarily extinguish the obligation to deliver a determinate thing.If after delay, the thing is lost due to fortuitous event, debtor is liable.NOTE: If the loss is without the debtor’s fault, he has the burden to prove his innocence. Impossible because the thing to be delivered belongs to another.The thing disappears in a way that its existence is unknown or CANNOT be recovered.Obligor has an added obligation to take care of the thing with diligence of a good father of a family, otherwise he is negligent.Requisites to free the obligor from liability: Ang parehong tuntunin ay mailalapat din kung ang likas na katangian ng obligasyon ay humihingi ng palagay ng panganib. Kapag nasa batas o istipulasyon na ang obligor ang mananagot maging sa mga di inaasahang pangyayari, ang pagkawala ng bagay ay hindi makapagwawakas ng obligasyon, at siya ang mananagot sa mga pinsala. Ang isang obligasyon na binubuo ng paghahatid ng isang tukoy na bagay ay dapat wakasan kung ito ay mawala o malipol nang walang pagkakasala ang may utang, at bago siya makapag-antala.
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