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example of article 1183


Article 1183 of the Civil Code of the Philippines states that no person may be compelled to perform an obligation which is manifestly beyond his power. It means that when a person is asked to perform an obligation that is clearly impossible to accomplish, it should not be enforced legally. For example, when a tenant is obliged to pay the rent for a building which has already been destroyed by a typhoon, this is manifestly beyond the power of the tenant. Hence, this obligation may not be legally enforced. Furthermore, Article 1183 puts into consideration the capacity of the obligor when the latter cannot perform his obligations. It explains that the law only requires the obligor to do what he can to fulfill the obligation in an acceptable manner. The obligor will not be held in default merely because he could not perform the entire obligation. If the obligor has done everything he possibly can and done them adequately, the obligor would be deemed to have fulfilled his obligation.

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