Creditor's remedies in cases of breach
In cases where the obligor breached his/her obligation, s/he shall be liable for damages.[1] If the obligation to give a specific thing is breach by the debtor, the creditor may either compel the debtor to make delivery (specific performance)[2] or rescind.[3] Moreover, if the debtor fails to comply with his obligation to do and give a generic thing, the creditor may: a) to have the obligation performed by himself, or by another
unless personal considerations are involved, at the debtor’s
expense; b) in case the obligation is done in contravention of the terms of
the same or is poorly done, it may be ordered (by the court) that it be
undone if it is still possible to undo what was done[4]; and c) to recover damages.
When a negative (not to do) obligation is breached, as a rule, the remedy of the obligee is the undoing of the forbidden
thing plus damages.[5] However, if it is not possible to undo
what was done, either physically or legally, or because of the rights
acquired by third persons who acted in good faith, or for some other
reason, his remedy is an action for damages caused by the debtor’s
violation of his obligation.[6]
When a negative (not to do) obligation is breached, as a rule, the remedy of the obligee is the undoing of the forbidden
thing plus damages.[5] However, if it is not possible to undo
what was done, either physically or legally, or because of the rights
acquired by third persons who acted in good faith, or for some other
reason, his remedy is an action for damages caused by the debtor’s
violation of his obligation.[6][1] Article 1170, Civil Code.
[2] Par. 1, Art. 1165, Civil Code.
[3] Article 1191, Civil Code.
[4] De Leon. (2014). Obligations and Contracts.
[5] Article 1170, Civil Code.
[6] 8 Manresa 58.
