Module 2 Flashcards
2 kinds of things
determinate or specific thing
indeterminate or generic thing
is particularly designated or physical segregated others of the same class.
determinate or specific thing
refers only to a class or genus to which it pertains and cannot be pointed out with particularity.
indeterminate or generic thing
One of the duties of the debtor is to deliver the
fruits of the thing
Kinds of fruits
Natural Fruits
Industrial Fruits
Civil Fruits
it is the spontaneous products of the soil and the young and other animal products. To be considered as this, it must be without any human labor involved.
Natural Fruits
are those produced by lands of any kind through cultivation or labor
Industrial Fruits
are those derived by virtue of a juridical relation. Example is the rents or leases of lands, buildings and other properties.
Civil Fruits
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
Article 1164.
is the right of a creditor to demand from a specific debtor, as a definite passive subject, the fulfillment of the obligation to give, to do or not to do.
Personal right
It arises when delivery date comes but still waiting for delivery
Personal Right
is the right or interest of a person over a specific thing without a definite passive subject.
Real right
is binding or enforceable only against a particular person..
Personal right
is the right or interest of a person over a specific thing without a definite passive subject.
Real right
is directed and binding against the whole world
Real right
Acquired from the time delivery of fruits is made
Real right
Tradition is a Spanish term of
delivery
Tradition is a Spanish term of
delivery
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1168
are the fruits of a thing or additions to or improvements upon a thing.
Accessions
are thing joined to or included with the principal thing for the latter’s embellishment, better use or completion
Accessories