Chapter 2 [Article 1163 - 1178]

Question 1

What is a determinate thing?

Answer 1

It is identified by its individuality.

Question 2

What is a generic thing?

Answer 2

It is identified only by its specie/

Question 3

What are the three (3) different kinds of fruits?

Answer 3

1. Natural fruits (produced without the intervention of human labor; ex. grass and trees)
2. Industrial fruits (lands brought about by reason of human labor; ex. sugar cane and rice)
3. Civil fruits (virtue of a juridical relation; ex. rent of buildings and price of leases of lands)

Question 4

Define personal right.

Answer 4

The right or power of a person (creditor) to demand from another (debtor).

Question 5

Define real right.

Answer 5

The right or interest of a person over a specific thing (like ownership, possession, mortgage)

Question 6

In personal right there is a definite active subject and a definite passive subject, while in real right…

Answer 6

there is only a definite active subject without any definite passive subject

Question 7

A personal right is, therefore, binding or enforceable only against a particular person, while a real right…

Answer 7

is directed against the whole world

Question 8

What is a specific real obligation?

Answer 8

It is an obligation to deliver a determinate thing.

Question 9

What is a generic real obligation?

Answer 9

It is an obligation to deliver a generic thing.

Question 10

What does genus nunquam perit mean?

Answer 10

Genus never perishes.

Question 11

Define accessions.

Answer 11

The fruits of a thing or additions to or improvements upon a thing (the principal).

Ex. House or trees on a land; rents of a building; airconditioner on a car.

Question 12

Define accessories.

Answer 12

The things joined to or included with the principal thing for the latter’s embellishment, better use, or completion.

Ex. Key of a house; frame of a picture; a bracelet of a watch.

Question 13

Define delay.

Answer 13

It is not to be understood according to its meaning in common parlance.

Question 14

Define ordinary delay.

Answer 14

It is merely the failure to perform an obligation on time.

Question 15

Define legal delay (default or mora)

Answer 15

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

Question 16

What are the three (3) kinds of delay or default?

Answer 16

1. Mora solvendi (the delay on the part of the debtor to fulfill his obligation; to give or to do)
2. Mora accipiendi (the delay on the part of the creditor to accept the performance of the obligation)
3. Compensatio morae (the delay of the obligors in reciprocal obligations; like in sale)

Question 17

State Article 1170.

Answer 17

“Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages.”

Question 18

What are the four (4) grounds of liability?

Answer 18

1. Fraud (deceit or dolo) - some kind of malice or dishonesty; synonymous with bad faith
2. Negligence (fault or culpa) - it is any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillment of an obligation.
3. Delay (mora) - there will be damages in delay.
4. Contravention of the terms of the obligation - violated of the terms and conditions without justifiable excuse or reason such as fortuitous event or force majeure.

Question 19

Define ordinary care.

Answer 19

The diligence of a good father of a family.

Question 20

Define diligence.

Answer 20

The attention and care required of a person in a given situation.

Question 21

Define fortuitious event.

Answer 21

Any event which cannot be foreseen, or which, though foreseen, is inevitable; either be an act of man or an act of God.

Question 22

What are the two (2) kinds of fortuitous events?

Answer 22

1. Ordinary fortuitous events - those which are common; ex. rain.
2. Extra-ordinary fortuitous events - those which are uncommon; ex. earthquake, fire.