Page 13 - Obligations & Contracts Module 1-2

IRREGULARITY OF PERFORMANCE/BREACH

A. Causes Attributable to Debtor:

Effects of Breach:

a. if determinate thing - debtor bears risk of loss (even when there is

fortuitous event)

b. debtor liable for damages/interest

c. resolution (Article 1170, in proper cases)

3. Fraud / Dolo – Voluntary execution of a wrongful act or willful omission,

knowing and intending the effects which naturally and necessarily arise

from such act or omission ; 2 kinds:

a. Causante ( causal ) - makes contract voidable

b. Incidente ( incidental ) - fraud in performance of obligation;

does not affect validity of obligations

Remedies of Person in fraud under obligations are:

a. insist on specific performance (art 1233)

b. resolve contract (art 1191)

c. claim damages, in either case