Page 17 - Obligations & Contracts Module 1-2

IRREGULARITY OF PERFORMANCE/BREACH

B. Causes “Not Attributable” to Debtor

Remedies of Creditors - generally transmissible, can be transfer or transform

(except: by law, stipulation/contract and personal obligation)

1. Exact performance - specific, substitute, equivalent

2. Attach and execute debtor's property which is not exempt (art 2236)

3. Accion subrogatoria (art 1171)

4. Accion directa (arts 1729 & 1652)

5. Accion paulian

Requisites of Remedies to Creditors:

a. Creditor must have right of return against debtor

b. The debt is due and demandable

c. There is a failure of the debtor to collect his own debt from 3rd person either

through malice or negligence

d. Debtor's assets are insufficient

e. The right of account is not purely personal