Question
Question: What is/are the rule/rules (and the exceptions, if there be any) in case an object is lost or damaged due to fortuitous event, particularly
Question: What is/are the rule/rules (and the exceptions, if there be any) in case an object is lost or damaged due to fortuitous event, particularly as to the liability of the debtor in an obligation.Give specific examples for your answers.
Reference:
What is a fortuitous event?
Afortuitous eventis any event which could not be foreseen or which, though foreseen, is inevitable. (Article 1174)
General rule:If a thing is lost or destroyed due to fortuitous event, the obligation is extinguished and the debtor is not liable for loss or damages.
Exceptions:
1. When expressly provided by law.
a.]Article 1170
b.]Article 1165, paragraph 3
c.]Article 1268
d.]Article 1263
2. When declared by stipulation of the parties.
3. When the nature of the obligation requires the assumption of risk.
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