Title III. - NATURAL OBLIGATIONS Art. 1428.

When, after an action to enforce a

civil obligation has failed the defendant
voluntarily performs the obligation, he cannot
Art. 1423. Obligations are civil or natural. Civil
demand the return of what he has delivered or
obligations give a right of action to compel their
the payment of the value of the service he has
performance. Natural obligations, not being
rendered.
based on positive law but on equity and natural
law, do not grant a right of action to enforce Art. 1429. When a testate or intestate heir
their performance, but after voluntary voluntarily pays a debt of the decedent
fulfillment by the obligor, they authorize the exceeding the value of the property which he
retention of what has been delivered or received by will or by the law of intestacy from
rendered by reason thereof. Some natural the estate of the deceased, the payment is valid
obligations are set forth in the following and cannot be rescinded by the payer.
articles.
Art. 1430. When a will is declared void because
Art. 1424. When a right to sue upon a civil it has not been executed in accordance with the
obligation has lapsed by extinctive prescription, formalities required by law, but one of the
the obligor who voluntarily performs the intestate heirs, after the settlement of the debts
contract cannot recover what he has delivered of the deceased, pays a legacy in compliance
or the value of the service he has rendered. with a clause in the defective will, the payment
is effective and irrevocable.
Art. 1425. When without the knowledge or
against the will of the debtor, a third person
pays a debt which the obligor is not legally
bound to pay because the action thereon has
prescribed, but the debtor later voluntarily
reimburses the third person, the obligor cannot
recover what he has paid. Art. 1956. No interest shall be due unless it has
been expressly stipulated in writing. (1755a)
Art. 1426. When a minor between eighteen and
twenty-one years of age who has entered into a
contract without the consent of the parent or Art. 1960. If the borrower pays interest when
guardian, after the annulment of the contract there has been no stipulation therefor, the
voluntarily returns the whole thing or price provisions of this Code concerning solutio
received, notwithstanding the fact the he has indebiti, or natural obligations, shall be applied,
not been benefited thereby, there is no right to as the case may be. (n)
demand the thing or price thus returned.

Art. 1427. When a minor between eighteen and

twenty-one years of age, who has entered into
a contract without the consent of the parent or
guardian, voluntarily pays a sum of money or
delivers a fungible thing in fulfillment of the
obligation, there shall be no right to recover the
same from the obligee who has spent or
consumed it in good faith. (1160A)
CHAPTER 2 Art. 1167. If a person obliged to do something
fails to do it, the same shall be executed at his
NATURE AND EFFECT OF OBLIGATIONS
cost.

Art. 1163. Every person obliged to give

This same rule shall be observed if he does it in
something is also obliged to take care of it with
contravention of the tenor of the obligation.
the proper diligence of a good father of a
Furthermore, it may be decreed that what has
family, unless the law or the stipulation of the
been poorly done be undone. (1098)
parties requires another standard of care.
(1094a)

Art. 1164. The creditor has a right to the fruits Art. 1168. When the obligation consists in not
of the thing from the time the obligation to doing, and the obligor does what has been
deliver it arises. However, he shall acquire no forbidden him, it shall also be undone at his
real right over it until the same has been expense. (1099a)
delivered to him. (1095)

Art. 1169. Those obliged to deliver or to do

Art. 1165. When what is to be delivered is a something incur in delay from the time the
determinate thing, the creditor, in addition to obligee judicially or extrajudicially demands
the right granted him by Article 1170, may from them the fulfillment of their obligation.
compel the debtor to make the delivery.

However, the demand by the creditor shall not

If the thing is indeterminate or generic, he may be necessary in order that delay may exist:
ask that the obligation be complied with at the
expense of the debtor.
(1) When the obligation or the law expressly so
declare; or
If the obligor delays, or has promised to deliver
the same thing to two or more persons who do
not have the same interest, he shall be (2) When from the nature and the
responsible for any fortuitous event until he has circumstances of the obligation it appears that
effected the delivery. (1096) the designation of the time when the thing is to
be delivered or the service is to be rendered
was a controlling motive for the establishment
Art. 1166. The obligation to give a determinate of the contract; or
thing includes that of delivering all its
accessions and accessories, even though they
may not have been mentioned. (1097a) (3) When demand would be useless, as when
the obligor has rendered it beyond his power to
perform.
In reciprocal obligations, neither party incurs in stipulation, or when the nature of the obligation
delay if the other does not comply or is not requires the assumption of risk, no person shall
ready to comply in a proper manner with what be responsible for those events which could not
is incumbent upon him. From the moment one be foreseen, or which, though foreseen, were
of the parties fulfills his obligation, delay by the inevitable. (1105a)
other begins. (1100a)

Art. 1170. Those who in the performance of

Art. 1175. Usurious transactions shall be
their obligations are guilty of fraud, negligence,
governed by special laws. (n)
or delay, and those who in any manner
contravene the tenor thereof, are liable for
damages. (1101)
Art. 1176. The receipt of the principal by the
creditor without reservation with respect to the
interest, shall give rise to the presumption that
Art. 1171. Responsibility arising from fraud is
said interest has been paid.
demandable in all obligations. Any waiver of an
action for future fraud is void. (1102a)

The receipt of a later installment of a debt

without reservation as to prior installments,
Art. 1172. Responsibility arising from negligence
shall likewise raise the presumption that such
in the performance of every kind of obligation is
installments have been paid. (1110a)
also demandable, but such liability may be
regulated by the courts, according to the
circumstances. (1103)
Art. 1177. The creditors, after having pursued
the property in possession of the debtor to
satisfy their claims, may exercise all the rights
Art. 1173. The fault or negligence of the obligor
and bring all the actions of the latter for the
consists in the omission of that diligence which
same purpose, save those which are inherent in
is required by the nature of the obligation and
his person; they may also impugn the acts
corresponds with the circumstances of the
which the debtor may have done to defraud
persons, of the time and of the place. When
them. (1111)
negligence shows bad faith, the provisions of
Articles 1171 and 2201, paragraph 2, shall
apply.
Art. 1178. Subject to the laws, all rights
acquired in virtue of an obligation are
transmissible, if there has been no stipulation to
If the law or contract does not state the
the contrary. (1112)
diligence which is to be observed in the
performance, that which is expected of a good
father of a family shall be required. (1104a)

Art. 1174. Except in cases expressly specified by

the law, or when it is otherwise declared by