Nature and Effect of obligations Flashcards
Meaning of specific or determinate thing
A thing is said to be specific or determinate when it is particularly designated or physically segregated from all others of the same class. (Art. 1459.)
Meaning of generic or indeterminate thing
A thing is generic or indeterminate when it refers only to a class or genus to which it pertains and cannot be pointed out with particular- ity.
Personal right and real right distinguished.
While in personal right there is a definite active subject and a definite passive subject, in real right, there is only a definite active subject without any definite passive subject.
A personal right is, therefore, binding or enforceable only against a particular person while a real right is directed against the whole world.
For the security of the Government, X Company (and another company) became a surety on the official bond of W, an employee of the Government for the sum of $15,000.00. W defaulted in the amount of $8,900.00 Later, W signed a document transferring to T all his rights to said $785.00 for professional services rendered by the latter as attorney’s fee. B was duly notified of the transfer.
X filed an action against W to recover the sum of $785.00 in partial payment of the amount paid by X to the Government. T filed a complaint in intervention and claimed the money as his. X Company paid the Government the sum of $14,462.00. When W was apprehended, he had on his person $750.00 which amount was turned over to B, the Insular Treasurer.
Issue: On the basis of these facts, will the complaint of T prosper?
No. (1) Ownership was not acquired by T. — The delivery of a thing constitutes a necessary and indispensable requisite for the purpose of acquiring the ownership of the same by virtue of a contract. The transfer by itself, and afterwards the notification to B, did not produce the effect of delivery to T of the funds so transferred. (see Arts. 1497, 1498, 1501.) To have this effect, it would have been necessary that the delivery of the funds had been made directly to T. Therefore, by reason of the non- delivery, T did not acquire the ownership of the property transferred to him by W.
(2) Mere personal right was acquired by T. — It is only the jus ad rem, and not the jus in re, that was acquired by T by virtue of the transfer made by the consent of the transferor and the transferee but not consummated by the delivery which never came to pass and which delivery was the object of such transfer.
Facts: A delivered to B, a typewriter repairer, a portable typewriter for routine cleaning and servicing. B was not able to finish the job after some time despite repeated reminders made by A. Finally, B returned the typewriter unrepaired, some of the parts missing. A had the typewriter repaired by F Business Machines, and the repair job cost him P58.75 for labor or service and P31.10 for the missing parts or a total of P89.85.The lower court rendered judgment ordering B to pay only P31.10.
Issue: Is B liable also for P58.75, the cost of the service expended in the repair?
Yes. B contravened the tenor of his obligation (see Art. 1170.) because he not only did not repair the typewriter but returned it “in shambles.” For such contravention, he is liable under Article 1167 for the cost of executing the obligation in a proper manner, which in the case should be the cost of the labor or service expended in its repair, because the obligation or contract was to repair it.
In addition, he is liable under Article 1170 for the cost of the miss- ing parts for in his obligation to repair the typewriter he was bound, but failed or neglected to return it in the same condition it was when he re- ceived it.
Remedies of creditor in negative personal obligation.
As a rule, the remedy of the obligee is the undoing of the forbidden thing plus damages.
what is the degree of diligence required of banks?
The degree of diligence required of banks is that higher than ordinary diligence, or higher than that of a good father of the family.
Under the General banking law, the state recognizes the fiduciary nature of banking that requires high standard of integrity and performance. Jurisprudence provides that since the banking business is vested with trust and confidence of the public, the standard of diligence must be very high if not the highest degree of diligence.
What are the requisites of a fortuitous event?
- Cause of breach must be independent of the will of the debtor
- The event must be either unforeseeable or unavoidable
- The event must be such as to render it impossible for the debtor to fulfill his obligation
- Debtor must be free from any participation in the injury to the creditor
