This document discusses provisions in Articles 1262-1269 regarding the loss of the thing due in obligations. Article 1262 states that the obligation is extinguished when the determinate thing is lost or destroyed without the debtor's fault and before incurring delay. Article 1263 says loss or destruction does not extinguish obligations involving generic things. Article 1269 gives the creditor rights to any actions the debtor has against third parties due to the loss.
2. ART. 1262
deals with obligations that consists
of a delivery of a determinate thing
extinguished when loss or
destroyed without the fault of the
debtor and BEFORE
he has incurred delay.
3. ART. 1263
when delivering a generic or
indeterminate thing, loss or
destruction does not
extinguish the obligation
4. ART. 1264
court will determine if a partial loss
is so important that extinguishing
the obligation
is needed
5. ART.1265
Debtor must prove that he was no
fault for the loss of thing due
because the loss of a thing in his
possession is presumed to be his
fault.
6. ART. 1266
The debtor in obligations to do shall
also be released when the
prestation
becomes LEGALLY or
PHYSICALLY IMPOSSIBLE
without the fault of the obligor.
7. ART. 1267
When the service has become so
difficult as to manifestly beyond the
contemplation of the parties, the
obligor may also be release there
from, in whole or in part.
8. ART. 1268
proceeds from a criminal offense
debtor shall no be exempted from
the payment of its price
of stole a phone, got hit by lightning
when he was going to return it.
9. ART 1269
The obligation having been
extinguished by the loss of the
thing, the creditor shall
have all the rights of action which
the debtor may have against third
persons by reason of the loss.
10. ART 1269
The obligation having been
extinguished by the loss of the
thing, the creditor shall
have all the rights of action which
the debtor may have against third
persons by reason of the loss.