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Case Analysis on Chapter 4, Sec. 2

 Loss of the Thing Due

 Dela Rea, Kimmi F.

 Mapua Institute of TechnologySchool of Electrical, Electronics and Computer Engineering 

 Muralla St. Intramuros, Manila

kdelarea32@yahoo.com

 

This paper is a Case Analysis on Chapter 4, Section 2 -

Loss of the Thing Due. The problems assigned to roup !

are in the follo"ing#

$roblem 2

% obliges himself to deli&er a specific thing to ' on

a certain date. The thing "as lost by % "ithout his fault

and before he has incurred in delay. Does it mean that % is

already e(empt from liability)

$roblem *

Suppose in the preceding problem, +% obliges

himself to deli&er a specific thing to ' on a certain date.

The thing "as lost by % "ithout his fault and before he has

incurred in delay. Does it mean that % is already e(empt

from liability), the thing "as lost through the fault of , a

third person. State the effect of the loss as far as %, ', and

are concerned.

ARTICLES RELATED ON THE PROBLEMS

Article 2/2

An obligation which consists in the delive! o" a

dete#inate thing shall be e$ting%ished i" it sho%ld be lost o 

desto!ed witho%t the "a%lt o" the debto& and be"oe he has

inc%ed dela!'(hen b! law o sti)%lation& the obligo is liable even

"o "ot%ito%s events& the loss o" the thing does not e$ting%ish

the obligation& and he shall be es)onsible "o da#ages' The

sa#e %le a))lies when the nat%e o" the obligation e*%ies

the ass%#)tion o" is+' Article 2/0

The obligation having been e$ting%ished b! the losso" the thing& the cedito shall have all the ights o" action

which the debto #a! have against thid )esons b! eason o" 

loss'

PROBLEMS (ITH ANS(ERS

$roblem 2

% obliges himself to deli&er a specific thing to ' on

a certain date. The thing "as lost by % "ithout his fault

and before he has incurred in delay. Does it mean that % is

already e(empt from liability)

, No& - is not e$e#)ted "o# the liabilit! b%t #a! be

e$e#)ted "o# the obligation' It is "o# Aticle ./0/ )a' /

that when b! law o sti)%lation& the obligo is liable even "o the "ot%ito%s events& the loss o" the thing does not e$ting%ish

the obligation& and he shall be es)onsible "o da#ages' The

sa#e %le a))lies when the nat%e o" the obligation e*%ies

the ass%#)tion o" is+' As stated& - is liable to 1' It is beca%sewhen the law so )ovides& when the sti)%lation so )ovides&

when the nat%e o" the obligation e*%ies the ass%#)tion o" 

is+& and when the obligation to delive a s)eci"ic thing aises"o# a ci#e' - #a! be e$e#)ted "o# the obligation beca%seit was not his "a%lt that thing was loss and he hasn2t inc%ed

dela! in te#s o" deliveing the thing to 1' It was also stated in

Aticle ./0/ )a'. that an obligation which consists in the

delive! o" a dete#inate thing shall be e$ting%ished i" itsho%ld be lost o desto!ed witho%t the "a%lt o" the debto& and

 be"oe he has inc%ed dela!'

 

$roblem *

Suppose in the preceding problem, +% obliges

himself to deli&er a specific thing to ' on a certain date.The thing "as lost by % "ithout his fault and before he has

incurred in delay. Does it mean that % is already e(empt

from liability), the thing "as lost through the fault of , a

third person. State the effect of the loss as far as %, ', and

are concerned.

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--& 1& and 3 ae all a""ected b! the "a%lt o" 3' 4o#

the )oble# that it was 32s "a%lt& the obligation o" - has beene$ting%ished and he is not liable to 1' - will have the ights to

go against 3'Also& 1 has the ights to go against 3 and ecove 

the )ice o" the things with da#ages' It was stated in Aticle

./05 that the obligation having been e$ting%ished b! the losso" the thing& the cedito shall have all the ights o" action

which the debto #a! have against thid )esons b! eason o" 

loss'