Nature & Effect Of Obligation

Question 1

Specific vs. Generic Obligations

Specific thing: The object must be delivered as it is.
Generic thing: The obligation is to deliver something of the same kind.

Answer 1

Article 1163

Question 2

Example:
If Bob promises to deliver a specific painting by a famous artist, he must deliver that exact painting. But if the agreement is to deliver 10 sacks of rice, he can provide any sacks as long as they meet the agreed quality.

Answer 2

Article 1163

Question 3

Rights of the Creditor – The creditor has a right to the fruits (benefits) of the object from the time the obligation to deliver arises.

Answer 3

Article 1164

Question 4

Right to the Fruits (Benefits)

The creditor is entitled to the fruits of the object from the moment the obligation to deliver arises.
The debtor must deliver not just the object but also any benefits it produces (e.g., rent, profits).

Answer 4

Article 1164

Question 5

If Ana buys an apple tree from Joe, once the obligation arises (e.g., upon payment), Ana is entitled to all apples (fruits) the tree produces, even if Joe hasn’t delivered it yet.

Answer 5

Article 1164

Question 6

Obligation to Deliver – If the debtor fails to deliver a specific thing, the creditor can compel delivery or recover damages.

Answer 6

Article 1165

Question 7

Example:
If Paul agrees to deliver a car to Sam by a certain date and doesn’t, Sam can either force Paul to deliver the car or ask for monetary compensation.

Answer 7

Article 1165

Question 8

Obligation to Preserve
The debtor must take care of the item with the diligence of a “good father of a family” until it is delivered.

Answer 8

Article 1166

Question 9

___ are the fruit of the thing or addition to or improvment upon the thing

Answer 9

Accessions

Question 10

___are things joined to or included with the principal

Answer 10

Accessories

Question 11

Obligation to Do – If someone fails to do something they are obligated to do, the creditor can either have it done at the debtor’s expense or seek damages.

Answer 11

Article 1167

Question 12

Dan agrees to paint Lisa’s house. If he doesn’t do it, Lisa can hire another painter and charge Dan for the cost.

Answer 12

Article 1167

Question 13

Obligation Not to Do – If the debtor does something they promised not to do, the creditor can seek damages or have it undone.

Answer 13

Article 1168

Question 14

Example:
John agrees not to build a wall that blocks Kate’s view. If John builds the wall, Kate can sue for damages or have the wall torn down.

Answer 14

Article 1168