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TRANSCRIPT
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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
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'