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21 Cards in this Set
- Front
- Back
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ART 1163 |
Every person obliged to give something is also obliged to take care of itwith the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. |
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A thing particularly designated or physically segregated others of the same class. |
Specific or determinate |
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A thing that refers only to a class or genus to which it pertains and cannot be pointed out with particularity. |
Generic or indeterminate |
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What are the duties of the debtor in giving a determinate thing? |
1. Preserve the thing. 2. Deliver the fruits of the thing. 3. Deiver the accessions and accessories. 4. Deliver the thing itself. 5. Answer for the damages in case of non-fulfillment or breach. |
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What are the duties of the debtor in delivering a generic thing? |
1. To deliver a thing which is of quality intended intended by the parties taking into consideration the purpose of the obligation and other circumstances. 2. To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor thereof. |
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ART 1164 |
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. |
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What are the different kinds of fruits? |
1. Natural fruits 2. Industrial fruits 3. Civil fruits |
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Other term for fortuitous events |
Force majeure |
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What is equated with the diligence of a good father of a family? Explain. |
Ordinary care. The obligor must take care of it the way an ordinary person takes care of his own property. |
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What is equated with the diligence of a good father of a family? Explain. |
Ordinary care. The obligor must take care of it the way an ordinary person takes care of his own property. |
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What are the other types of diligence which the law or stipulations can state or impose? |
Slight and Extraordinary Diligence |
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Yes or No. Can the parties stipulate that the obligor will be free from liabilities in case the duty to deliver a thing fails because of the obligor's fault or negligence? |
No. They can stipulate about the diligence which is more or less than that of an ordinary care but it is against the public policy to stipulate absolute exemption from liability because of the fault or negligence of the obligor. |
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T or F. The debtor is liable because he failed to preserve the thing he was supposed to preserve, not because of fault or negligence but because of force majeure. |
False. The debtor is liable if he failed because of his fault or negligence but never because of some fortuitous event. |
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T or F. The accessory obligation cannot be demanded unless stated in the contract. |
False. The accessory obligation is demandable even without mention in the contract. E.g. horse died in the care of S bec. he failed to exercise proler diligence |
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These are spontaneous products of the soil, the young and other products of animals. |
Natural fruits |
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Products produces by lands of any kind through cultivation or labor |
Indudtrial Fruits |
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Fruits derived by virtue of a juridical relation. |
Civil fruits |
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Why is the fruits entitled to the creditor prior to delivery? |
To protect the interest of the creditor in case of delay |
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It is the right or power of a person to demand from another, as a definite passive subject, the latter's obligation to gibe, to do, or not to do. |
Personal right |
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The right or interest of a person over a specific thing without a definite passive subject against whom the right may be personally enforced. |
Real right |
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What should be the proper court of action of the creditor when there has been no delivery yet? What should be his claim? |
Specific performance or rescission of the obligation. Not recovery of possession and ownership. |
