Memorize MTX Flashcards

1
Q

What are the rights of the creditor in obligation to give a specific thing

A
  1. To compel specific performance with right to be indemnified for damages-1165
  2. Right to the fruits of the thing from the time the obligation to deliver it arises
    3.if the obligor delays or has promised to deliver the same thing to two or more persons
  3. To demand recession of the obligation with right to recover damages
  4. To demand payment of damages if the other party is guilty of fraud, negligence or delay in the performance of the obligation and contravenes in any manner the ternor thereof.
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2
Q

Rights of the creditor in obligation to give a generic thing

A
  1. To ask for the performance of the obligation
    2 to ask that the obligation be complied with at the expense of the dentor
  2. To recover damages for breach of contract by reason of delay, fraud, negligence or the contravention of the tenor thereof
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3
Q

Degree of care required in the obligation to give a specific thing

A

1163

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4
Q

Liability of the debtor in case of delay and fortuitous event

A

1165

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5
Q

What is the course of action when the person obliged to do something and fails to do it

A

1167

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6
Q

Provision that governs delay

A

1169

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7
Q

Delay in cases of reciprocal obligation

A

1169 par3

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8
Q

Provision that govern damages

A

1170

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9
Q

Provision that govern fortuitous event

A

1174

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10
Q

Remedies of the creditor

A

1177

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11
Q

When the debtor binds himself to pay when his means permit him to do so… what is the correlated provision

A

1197

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12
Q

Impossible conditions

A

1183

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13
Q

What will happen if the obligor prevents its fulfillment

A

1186

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14
Q

Rules to be observed in case of improvement, loss or deterioration of the thing during the pendency of the condition

A

1189

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15
Q

Provision that governs reciprocal obligation

A

1191

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16
Q

Instances when the debtor lose every right to make use of the period

A

1198

17
Q

What is an alternative obligation

A

1199

18
Q

To whom the right of choice belongs

A

1200

19
Q

Effect of choice in alternative obligation

A

1201

20
Q

When the does the debtor shall lose the right of choice

A

1202

21
Q

When recession may take place in case of alternative obligation

A

1203

22
Q

Damages in alternative obli

A

1204

23
Q

The right of choice belongs to the creditor, what is the responsibility of the debtor before the selection is communicated

A

1205

24
Q

What is a facultative obli

A

1206

25
Q

The effect of loss or deterioration of the thing intedned as a substitute

A

1206 par 2

26
Q
A