Article 1168

When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.

Kapag ang obligasyon ay obligasyong hindi gawin ang isang bagay, at ginawa ng may obligasyon ang ipinagbabawal, ito ay kailangang ipasawalang bisa ng gumawa gamit ang sariling gastos.

Discussion:

This article pertains to negative personal obligation, or the obligation not to do. In addition to the obligation of the obligor to undo the forbidden act of thing, he may also be made liable for damages caused by doing that which was forbidden.

Case Illustration: Perez vs CA G.R. No. 107737 (1999)

Leave a comment