TLDR;
This video, the first part of a series on the nature and effects of obligations, explains the different types of obligations based on their presentation, the obligations of debtors and rights/remedies of creditors, and different types of breaches in obligations. It distinguishes between real and personal obligations, specific and generic things, and positive and negative personal obligations. The video also covers the rights and obligations of debtors, the rights and remedies available to creditors, and different types of breaches in obligations such as fraud, negligence, and delay.
- Types of Obligations: Real (to give) and Personal (to do or not to do).
- Obligations of Debtors: Specific vs. Generic things.
- Creditor's Rights: Principal and Subsidiary remedies.
- Breaches of Obligation: Fraud, Negligence, Delay, and Contravention.
Types of Obligations According to its Presentation [0:57]
Obligations are categorized into real and personal. Real obligations involve the obligation to give, while personal obligations involve the obligation to do or not to do. Real obligations are further divided into obligations to give a specific thing and obligations to give a generic thing. Personal obligations are divided into positive (to do) and negative (not to do) obligations. A specific thing is particularly designated or physically segregated, while a generic thing is not. For example, "Nick bound himself to deliver to you his only dog tomorrow" indicates a specific thing because of the word "only," making it a unique, specific dog. In contrast, "Nick bound himself to deliver to you a dog tomorrow" refers to any dog, making it generic. Similarly, a car with a specific plate number is a specific thing, while simply promising to give a car makes it a generic thing. An obligation to give money is automatically considered generic.
Obligations of the Debtor and Rights and Remedies of the Creditor [7:10]
The obligations of the debtor are tied to the rights of the creditor. Creditors have principal and subsidiary rights/remedies. Personal rights are enforceable only against a definite or specific passive subject, while real rights are enforceable against anyone. For instance, a personal right is the right to demand payment of a loan, whereas a real right is ownership of property, enforceable against anyone claiming ownership. A creditor has a right to the fruits of the thing from the time the obligation to deliver it arises, but acquires no real right over it until the thing is delivered.
Obligations of the Debtor: Specific vs. Generic Things [11:40]
When dealing with a specific thing, the debtor has five obligations: to deliver the thing, take care of it before delivery with the diligence of a good father of a family, deliver the fruits of the thing, deliver the accessions and accessories even if not mentioned, and pay damages if guilty of fraud, negligence, delay, or contravention of the terms of the obligation. For a generic thing, the debtor must deliver the thing, bear the expenses of having someone else comply with the obligation if the original debtor fails to do so, and pay damages in case of fraud, negligence, delay, or contravention of the terms.
Obligations in Obligation to Do and Not to Do [17:16]
In an obligation to do, the debtor must perform the obligation, bear the expenses of having someone else comply if they fail to do so, undo what has been poorly done, and pay damages for fraud, negligence, delay, or contravention. In an obligation not to do, the debtor's obligations include not doing what has been forbidden, undoing what has been done that is forbidden, bearing the expenses of having someone else undo what has been done, and paying damages for any breaches.
Rights and Remedies of the Creditor [20:51]
Creditors have principal and subsidiary rights/remedies. Principal rights include asking for specific performance (only applicable to obligations to give a specific thing), asking for substituted performance (applicable to obligations to give a generic thing and to do), asking for damages (applicable in all obligations), rescission (present in specific scenarios), and attachment/execution of the debtor's property (usually the last resort). Subsidiary remedies, which can only be exercised after exhausting principal rights, include actions of subrogation (exercising the rights of the debtor) and action Pauliana (impugning contracts entered into to defraud creditors).
Different Types of Breaches in Obligation [29:39]
Breaches in obligation include fraud, negligence, delay, and contravention of the terms of the obligation. Fraud involves intent and includes causal fraud (used in obtaining consent) and incidental fraud (used in the performance of the obligation). Negligence involves a lack of required diligence and includes culpa aquiliana (negligence as a source of obligation), culpa contractual (negligence resulting in breach of contract), and culpa criminal (negligence resulting in a crime). Delay includes mora solvendi (delay on the part of the debtor), mora accipiendi (delay of the creditor), and compensation morae (delay of both parties). Contravention of the terms occurs when the terms of the obligation are not met, often following fraud, negligence, or delay.