Page 290 - Important Provisions of The New Civil Code
P. 290

In reciprocal obligations, neither party incurs in


        delay  if  the  other  does  not  comply  or  is  not


        ready to comply in a proper manner with what



        is incumbent upon him. From the moment one


        of the parties fulfills his obligation, delay by the


        other begins. (1100a)




        Article 1170. Those who in the performance of



        their obligations are guilty of fraud, negligence,


        or  delay,  and  those  who  in  any  manner


        contravene  the  tenor  thereof,  are  liable  for



        damages. (1101)




        Article 1174. Except in cases expressly specified


        by the law, or when it is otherwise declared by


        stipulation, or when the nature of the obligation



        requires the assumption of risk, no person shall


        be responsible for those events which could not


        be  foreseen,  or  which,  though  foreseen,  were



        inevitable. (1105a)
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