obligation 3

Question 1

it is
particularly designated or physically segregated from all
others of the same class

Answer 1

specific or determinate

Question 2

when it refers only to a
class or genus to which it pertains and cannot be pointed
out with particularity.

Answer 2

generic or indeterminate

Question 3

is identified only by its specie. The
debtor can give anything of the same class as long as it is
of the same kind.

Answer 3

generic thing

Question 4

identified by its individuality. The
debtor cannot substitute it with another although the latter
is of the same kind and quality without the consent of the
creditor

Answer 4

determinate thing or specific

Question 5

In obligations
to give (real obligations), the obligor has the incidental
duty to take care of the thing due with the diligence of a
good father of a family pending delivery. The phrase has
been equated with ordinary care or that diligence which an
average (a reasonably prudent) person exercises over his
own property.

Answer 5

Diligence of a good father of a family

Question 6

are the spontaneous products of the soil,
and the young and other products of animals, e.g., grass;all trees and plants on lands produced without the
intervention of human labor.

Answer 6

Natural fruits

Question 7

s are those produced by lands of any
kind through cultivation or labor, e.g., sugar cane;
vegetables; rice; and all products of lands brought about
by reason of human labor

Answer 7

Industrial fruits

Question 8

are those derived by virtue of a juridical
relation, e.g., rents of buildings, price of leases of lands
and other property and the amount of perpetual or life
annuities or other similar income. (

Answer 8

Civil fruits

Question 9

1 is the right or power of a person
(creditor) to demand from another (debtor), as a defi nite
passive subject, the fulfi llment of the latter’s obligation to
give, to do, or not to do.

Answer 9

Personal right1

Question 10

right or interest of a person over a
specific thing (like ownership, possession, mortgage,
lease record) without a definite passive subject against
whom the right may be personally enforced.

Answer 10

2) Real right2

Question 11

s are the fruits of, or additions to, or
improvements upon, a thing (the principal), e.g., house or
trees on a land; rents of a building; airconditioner in a car;
profits or dividends accruing from shares of stocks; etc.

Answer 11

Accessions

Question 12

are things joined to, or included with, the
principal thing for the latter’s embellishment, better use, or
completion, e.g., key of a house; frame of a picture;
bracelet of a watch; machinery in a factory; bow of a violin.

Answer 12

Accessories

Question 13

If a person obliged to do something fails to
do it, the same shall be executed at his cost.

Answer 13

ART. 1167

Question 14

When the obligation consists in not doing,
and the obligor does what has been forbidden him, it
shall also be undone at his expense.

Answer 14

ART. 1168

Question 15

Those obliged to deliver or to do
something incur in delay from the time the obligee
judicially or extra-judicially demands from them the
fulfillment of their obligation.

Answer 15

ART. 1169.

Question 16

s used in the law, is not to be
understood according to its meaning in common parlance.
A distinction, therefore, should be made between ordinary
delay and legal delay (default or mora) in the performance
of an obligation.

Answer 16

delay

Question 17

r the delay on the part of the debtor to
fulfi ll his obligation (to give or to do) by reason of a cause
imputable to him;

Answer 17

Mora solvendi

Question 18

the delay on the part of the creditor
without justifiable reason to accept the performance of the
obligation

Answer 18

Mora accipiendi

Question 19

the delay of the obligors in
reciprocal obligations (like in sale), i.e., the delay of the
obligor cancels the delay of the obligee, and vice versa.

Answer 19

) Compensatio morae

Question 20

Those who in the performance of their
obligations are guilty of fraud, negligence, or delay,
and those who in any manner contravene the tenor
thereof, are liable for damages

Answer 20

ART. 1170.