Article 1163-1167 Flashcards
Specific or determinate thing
It is particularly designated or physically segregated.
What are the duties of debtor in obligation to give a specific thing?
- Preserve or take care of the thing
- Deliver the fruits of the thing
- Deliver the accessions and accessories
- Deliver the thing itself
- Answer for damages in case of non-fulfillment or breach
True or False
The active subject acquired real rights over a property from the time obligation to deliver arise.
False
The creditor has no right over a specific thing until it was delivered to him.
What is a Specific Real Obligation?
An obligation to deliver a determinate thing.
True or False
A generic real obligation can be performed only by the debtor.
False
A Generic Real Obligation can be performed by a third person.
Article 1166
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
Fruit of a thing or additions to or improvements upon a thing.
Accessions
Different kinds of fruits
- Nature Fruits
- Industrial Fruits
- Civil Fruits
True or False
The creditor has a right, to the fruits of the thing from the time the obligation to deliver it arises.
True
According to Article 1164
The obligor has the duty to take care of the thing to be delivered with the diligence of a good father of a family.
Preserve or take care of the thing
What is personal right?
Right or power of a person (creditor) to demand from another (debtor) to fulfill his obligation which is to give, to do or not to do.
What is a Generic Real Obligation?
Obligation to deliver a generic thing.
Things included with the principal thing for the latter’s embellishment, better use, or completion.
Accessories
Things that cannot be pointed out with particularity.
Generic or indeterminate thing
Derived by virtue of a juridical relation.
Civil Fruit
Specific or Generic thing
Shoto will give his dog named Kacchan to Deku.
Specific things
Since the name of the obligor’s dog is specified.
It is binding or enforceable against the whole world
Real Rights
This means ordinary care
Diligence of a good father of a family
