Chapter 2 Nature And Effects Of Obligations Flashcards
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, unless the law or the
stipulation of the parties requires another standard of
care.
1163
1163
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, unless the law or the
stipulation of the parties requires another standard of
care
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.
1164
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.
- right pertaining to person over a
specific thing, without a passive subject individually
determined against whom such right may be personally
enforced. - a right enforceable against the whole world
Real Right
– a right pertaining to a
person to demand from another, as a definite passive subject,
the fulfillment of a prestation to give, to do or not to do.
- a right enforceable only against a definite person or
group of persons.
Personal right
spontaneous products of the soil, the
young and other products of animals
Natural Fruit
produced by lands of any cultivation
or labor
Industrial fruit
those derived by virtue of juridical relation.
Civil fruit
When what is to be delivered is a determinate
thing, the creditor … may compel the debtor to make
delivery. If the thing is indeterminate or generic, he
may ask that the obligation be complied with at the
expense of the debtor. If the obligor delays or has
promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be
responsible for any fortuitous event until he has
effected the delivery.
1165
1165
When what is to be delivered is a determinate
thing, the creditor … may compel the debtor to make
delivery. If the thing is indeterminate or generic, he
may ask that the obligation be complied with at the
expense of the debtor. If the obligor delays or has
promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be
responsible for any fortuitous event until he has
effected the delivery.
something which is susceptible of particular
designation or specification;
obligation is extinguished if the thing is lost due to
fortuitous events.
Specific/determinate thing
something that has reference only to a class or
genus;
obligation to deliver is not so extinguished by
fortuitous events.
Generic/ indeterminate thing
REMEDIES FOR FAILURE OF DELIVERY (determinate thing)
- Complaint for specific performance – an action to
compel the fulfillment of the obligation. - Complaint for rescission of the obligation – action to
rescind - Complaint for damages – action to claim for
compensation of damages suffered
The obligation to give a determinate thing
includes that of delivering all its accessions and accessories, even though they may not have been
mentioned.
1166
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.
fruits of the thing or additions to or
improvements upon the principal those which are naturally or artificially attached to the
thing
Accession
things included with the principal for the
latter’s embellishment, better use, or completion
Accessories
If a person obliged to do something fails to do it,
the same shall be executed at his cost. This same rule
shall be observed if he does it in contravention of the
tenor of the obligation … it may be decreed that what
has been poorly done be undone.
1167
1167
If a person obliged to do something fails to do it,
the same shall be executed at his cost. This same rule
shall be observed if he does it in contravention of the
tenor of the obligation … it may be decreed that what
has been poorly done be undone.