Chapter 2 Nature And Effects Of Obligations Flashcards

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1
Q

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.

A

1163

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2
Q

1163

A

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

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3
Q

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.

A

1164

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4
Q

1164

A

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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5
Q
  • 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
A

Real Right

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6
Q

– 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.

A

Personal right

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7
Q

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

A

Natural Fruit

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8
Q

produced by lands of any cultivation
or labor

A

Industrial fruit

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9
Q

those derived by virtue of juridical relation.

A

Civil fruit

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10
Q

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.

A

1165

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11
Q

1165

A

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.

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12
Q

 something which is susceptible of particular
designation or specification;
 obligation is extinguished if the thing is lost due to
fortuitous events.

A

Specific/determinate thing

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13
Q

 something that has reference only to a class or
genus;
 obligation to deliver is not so extinguished by
fortuitous events.

A

Generic/ indeterminate thing

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14
Q

REMEDIES FOR FAILURE OF DELIVERY (determinate thing)

A
  1. Complaint for specific performance – an action to
    compel the fulfillment of the obligation.
  2. Complaint for rescission of the obligation – action to
    rescind
  3. Complaint for damages – action to claim for
    compensation of damages suffered
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15
Q

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

A

1166

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16
Q

1166

A

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

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17
Q

fruits of the thing or additions to or
improvements upon the principal  those which are naturally or artificially attached to the
thing

A

Accession

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18
Q

things included with the principal for the
latter’s embellishment, better use, or completion

A

Accessories

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19
Q

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.

A

1167

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20
Q

1167

A

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.

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21
Q

When the obligation consists in NOT DOING and
the obligor does what has been forbidden him, it shall
also be undone at his expense.

A

1168

22
Q

1168

A

When the obligation consists in NOT DOING and
the obligor does what has been forbidden him, it shall
also be undone at his expense.

23
Q

Those obliged to deliver or to do something incur
in delay from the time the obligee judicially or
extrajudicially demands from them the fulfillment of
their obligation.
However, the demand by the creditor shall not be
necessary in order that delay may exists:
 When the law or obligation so expressly declares;
 When from the nature of the contract, time us the
essence and motivating factor for its
establishment;
 When demand would be useless (prestation is
impossible);
 In reciprocal obligations, from the moment one of
the parties fulfills his obligation;
 When the debtor admits he is in default

A

1169

24
Q

1169

A

Those obliged to deliver or to do something incur
in delay from the time the obligee judicially or
extrajudicially demands from them the fulfillment of
their obligation.
However, the demand by the creditor shall not be
necessary in order that delay may exists:
 When the law or obligation so expressly declares;
 When from the nature of the contract, time us the
essence and motivating factor for its
establishment;
 When demand would be useless (prestation is
impossible);
 In reciprocal obligations, from the moment one of
the parties fulfills his obligation;
 When the debtor admits he is in default

25
Q

delay on the part
of the debtor to fulfill his obligation

A

MORA SOLVENDI

26
Q

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

A

MORA ACCIPIENDI

27
Q

delay of the
obligors in reciprocal obligation.
Effect: the default of one compensates the default of
the other; their respective liabilities shall be offset
equitable.

A

COMPENSATIO MORAE

28
Q

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.

A

1170

29
Q

1170

A

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.

30
Q

Responsibility arising from fraud is demandable
in all obligations. Any waiver of an action for future
fraud is void.

A

1171

31
Q

1171

A

Responsibility arising from fraud is demandable
in all obligations. Any waiver of an action for future
fraud is void.

32
Q

committed in the performance of an
obligation already existing because of a contract.

A

Incidental fraud

33
Q

employed in the execution of contract in
order to secure consent; remedy is annulment bec of vitiation
of consent

A

Casual fraud

34
Q

Responsibility arising from negligence in the
performance of every kind of obligation is also
demandable, but such liability may be regulated by the
courts, according to circumstances.

A

1172

35
Q

1172

A

Responsibility arising from negligence in the
performance of every kind of obligation is also
demandable, but such liability may be regulated by the
courts, according to circumstances.

36
Q

The fault or negligence of the obligor consists in
the omission of that diligence which is required by the
nature of the obligation and corresponds with the
circumstances of the persons, of he time and of the
place… If the law or contract does not state the
diligence which is to be observed in the performance,
that which is expected if a good father of a family shall
be required.

A

1173

37
Q

1173

A

The fault or negligence of the obligor consists in
the omission of that diligence which is required by the
nature of the obligation and corresponds with the
circumstances of the persons, of he time and of the
place… If the law or contract does not state the
diligence which is to be observed in the performance,
that which is expected if a good father of a family shall
be required.

38
Q

Except in cases expressly specified by the law, or
when it is otherwise declared by stipulation, or when
the nature of the obligation requires the assumption of
risk, no person shall be responsible for those events
which could not be foreseen, or which, though
foreseen, were inevitable.

A

1174

39
Q

1174

A

Except in cases expressly specified by the law, or
when it is otherwise declared by stipulation, or when
the nature of the obligation requires the assumption of
risk, no person shall be responsible for those events
which could not be foreseen, or which, though
foreseen, were inevitable.

40
Q

an occurrence or happening which
could not be foreseen or even if foreseen, is inevitable;
absolutely independent of human intervention; act of God.

A

Fortuitous event

41
Q

an event caused by the legitimate or
illegitimate acts of persons other than the obligor; there is
human intervention.

A

Force Majeure

42
Q

Usurious transactions shall be governed by
special laws.

A

1175

43
Q

1175

A

Usurious transactions shall be governed by
special laws.

44
Q

contracting for or receiving interest in excess of the
amount allowed by law for the loan or use of money, goods,
etc.

A

Usury

45
Q

one of the parties delivers to another, money
or other consumable thing upon the condition that the same
amount of the same kind and quality shall be paid.

A

Simple loan

46
Q

makes the usurers criminally liable if the
interest charged on loans are more that the limit prescribed
by law

A

Usury law

47
Q

The receipt of the principal by the creditor
without reservation with respect to the interest, shall
give rise to the presumption that said interest has been
paid.
The receipt of a later installment of a debt without
reservation as to prior installments, shall likewise raise
the presumption that such installments have been paid.

A

1176

48
Q

1176

A

The receipt of the principal by the creditor
without reservation with respect to the interest, shall
give rise to the presumption that said interest has been
paid.
The receipt of a later installment of a debt without
reservation as to prior installments, shall likewise raise
the presumption that such installments have been paid.

49
Q

The creditors, after having pursued the property
in possession of the debtor to satisfy their claims, may
exercise all the rights and bring all the actions of the
latter for the same purpose, save those which are
inherent in his person; they may also impugn the acts
which the debtor may have done to defraud them.

A

1177

50
Q

1177

A

The creditors, after having pursued the property
in possession of the debtor to satisfy their claims, may
exercise all the rights and bring all the actions of the
latter for the same purpose, save those which are
inherent in his person; they may also impugn the acts
which the debtor may have done to defraud them.

51
Q

Subject to the laws, all rights acquired in virtue
of an obligation are transmissible, if there has been no
stipulation to the contrary.
EXCEPTIONS:
a) Those not transmissible by their nature like
purely personal rights;
b) Those not transmissible by provision of law;
c) Those not transmissible by stipulation of parties.

A

1178

52
Q

1178

A

Subject to the laws, all rights acquired in virtue
of an obligation are transmissible, if there has been no
stipulation to the contrary.
EXCEPTIONS:
a) Those not transmissible by their nature like
purely personal rights;
b) Those not transmissible by provision of law;
c) Those not transmissible by stipulation of parties.