Rights, duties in obligations NOT to do

Duties of the debtor in obligations NOT to do:

[1] Not to do what should not be done;
[2] If the obligation not to do has been breached, to pay for expenses in undoing what should not have been done; and
[3] To pay for damages in case of breach.

Rights of the creditor in obligations NOT to do:

[1] To demand that the thing done (which should not have been done) be undone at the expense of the debtor;
[2] To recover damages in case of breach of the obligation not to do.

The creditor can demand damages instead if and when the undoing of the thing done is physically or legally impossible. Such impossibility may arise from: [1] the very nature of the act itself; [2] the rights acquired by third persons who have acted in good faith; and [3] the irreversible nature of the act done.

Popular Posts