- Statute
- Civil Code
- Article
- Art. 1173
- Topic
- Nature and Effect of Obligations
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 2 Nature and Effect of Obligations
- Formerly
- Art. 1104a of the old Civil Code
- Year
- 1949
The provision
The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. (1104a)
Cases applying this article
- Trans-Asia Shipping Lines v. Court of Appeals G.R. No. 118126
- Dr. Enrique T. Ona v. Northstar International Travel G.R. No. 209581
- Mindanao Terminal v. Phoenix Assurance Company of New York/Mcgee & Co. G.R. No. 162467
- Solidbank Corporation/Metropolitan Bank v. Spouses Peter G.R. No. 167346
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