In progress - Obligations

Question 1

What are the concurrent obligations of the debtor in an obligations to give a determinate thing?

Answer 1

1. To take care of the thing with the proper diligence of a good father of a family, unless there is stipulation, or the law requires another standard of care
2. To deliver the fruits from the time the obligation to deliver the thing arises
3. To deliver all acessions and accessories, even though they may not have been mentioned

Question 2

Taking care of the thing

What are other terms for proper diligence of a good father of family?

Answer 2

• ordinary diligence
• diligence of a reasonably cautious or prudent person

Question 3

What are examples of obligations that require an extraordinary diligence?

Answer 3

1. Contract of common carrier
2. Bank deposits
3. Hotel keepers

Question 4

Taking care of the thing

Can the parties stipulate that the debtor may observe a lower standard of care than that of ordinary diligence?

Question 5

Fruits

What are the kinds of fruits?

Answer 5

• Natural - spontaneous products of the soil, and the young and other products of animals
• Industrial - produced by lands of any kind through cultivation or labor
• Civil - result of civilization or those arising out of a juridical relation or contracts (e.g. rent, interest)

Question 6

Rights

What are the two kinds of right?

Answer 6

1. Personal right - can be exercised only against a sepcific person, thereby prohibiting an action to recover the ownership or possession of a specific thing if already with a third person but only allows for damages against a specific person
2. Real right - can be exercised against the whole world, thereby allowing an action to recover the ownership or possession of a specific thing regardless of the possessor of such thing

Question 7

What kind of right will the creditor acquire as to the fruits of the determinate thing once the obligation to deliver the thing arises?

Answer 7

Personal right

The creditor can only demand delivery of the fruits.

Question 8

When does the creditor’s right to the fruits arise?

Answer 8

• Simple obligation - from the perfection of the contract
• With a period - upon expiration of the period
• Conditional - from the moment the condition happens

Question 9

Fruits, Remedy of creditor

What remedy is available to the creditor if the fruits of the thing (that should have been delivered to him) is delivered by the debtor to a third person?

Answer 9

If the third person is in good faith, the creditor’s remedy is to ask for damages from the debtor. The creditor can no longer ask for recovery of possession of the fruits because he has not acquired real right over such fruits.

Question 10

What are accessions?

Answer 10

those which are naturally or artificially attached to the
thing

Question 11

What are accessories?

Answer 11

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