ARTICLES 1163-1169

Question 1

Article 1163?

Answer 1

Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family

Question 2

What is a specific or determinate thing?

Answer 2

A thing that is particularly designated or physically segregated from the same class to which it belongs.

Question 3

What is a generic or indeterminate thing?

Answer 3

The thing refers only to a class or genus to which it belongs and cannot be identified with certainty.

Question 4

What are the duties of a debtor in a specific real obligation (obligation to give a determinate thing)?

Answer 4

1. Preserve the thing
2. Deliver the fruit
3. Deliver the thing itself
4. Deliver its accessions and accessories
5. Answer for damages in case of non-fulfillment or
   breach

Question 5

What are the duties of a debtor in a generic real obligation (obligation to deliver a generic thing)?

Answer 5

1. To deliver a thing which is of the quality intended by the parties taking into consideration the purpose of the obligation and other circumstances (Art. 1246.)
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, (Art. 1170.)

Question 6

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.

Answer 6

Article 1164.

Question 7

What are the different kinds of fruits?

Answer 7

Natural fruits
Industrial fruits
Civil fruits

Question 8

spontaneous products of the soil or the young and other products of animals

Answer 8

Natural fruits

Question 9

produced by lands of any kind through cultivation or labor

Answer 9

Industrial fruits

Question 10

derived by virtue of a juridical relation

Answer 10

Civil fruits

Question 11

There is a particular creditor and a particular debtor.

Answer 11

Personal Right

Question 12

Binding or enforceable only against a particular person.

Answer 12

Personal Right

Question 13

There is a particular creditor but there is no particular debtor.

Answer 13

Real Right

Question 14

Binding or enforceable against the whole world.

Answer 14

Real Right

Question 15

The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.

Answer 15

Article 1166

Question 16

the fruits of a thing or additions to or improvements upon a thing

Answer 16

Accessions

Question 17

things joined to or included with the principal thing for its embellishment, better use, or completion.

Answer 17

Accessories

Question 18

merely the failure to perform an obligation on time.

Answer 18

Ordinary delay

Question 19

the failure to perform an obligation on time which failure constitutes a breach of the obligation.

Answer 19

Legal delay or default or mora

Question 20

the delay on the part of the debtor to fulfill his obligation (to give or to do)

Answer 20

Mora solvendi

Question 21

the delay on the part of the debtor to fulfill his obligation (to give or to do)

Answer 21

Mora solvendi

Question 22

the delay on the part of the creditor to accept the performance of the obligation

Answer 22

Mora accipiendi

Question 23

the delay of the obligors in reciprocal obligations

Answer 23

Compensatio morae