Article 1168
When the obligation consist in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a)
Kapag ang isang obligasyon ay nangangahulugan ng hindi paggawa, at ang may obligasyon ay ginawa ang ipinagbabawal, ang may obligasyon ay may pananagutan na ibalik sa dati ang kanyang ginawa.
The duty of the obligor is to abstain from doing. The very obligation is fulfilled in not doing what is forbidden.
Example:
Kristia bought a land from Bryan, it is stipulated in the contract that Bryan will not build a fence on a certain portion of his land adjoining that sold to Kristia.
If Bryan constructs a fence in violation of the agreement, Kristia can bring an action to have the fence removed at the expense of Bryan.
Kapag ang isang obligasyon ay nangangahulugan ng hindi paggawa, at ang may obligasyon ay ginawa ang ipinagbabawal, ang may obligasyon ay may pananagutan na ibalik sa dati ang kanyang ginawa.
The duty of the obligor is to abstain from doing. The very obligation is fulfilled in not doing what is forbidden.
Example:
Kristia bought a land from Bryan, it is stipulated in the contract that Bryan will not build a fence on a certain portion of his land adjoining that sold to Kristia.
If Bryan constructs a fence in violation of the agreement, Kristia can bring an action to have the fence removed at the expense of Bryan.
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