Obligation L2 Flashcards
A ______ is identified by its individuality and the debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor.
Specific/Determinate Thing
A _____ is identified only by its specie and debtor can give anything of the same class as long as is of the same kind
Generic/Indeterminate Thing
These are the obligation of the Debtor/Obligor to give a determinate thing except:
a. To preserve or take care of the thing due
b. to deliver the fruits of the thing
c. To compel specific performance
d. To deliver the thing itself
e. To answer the damages in case of non-fulfillment of breach
c. To compel specific performance
These are the obligation of the Debtor/Obligor to deliver a generic thing except:
a. To be liable for damages in case of fraud, negligence, delay, in the performance of his obligation, or contravention of the tenor thereof.
b. To ask that obligation be complied with at the expense of the debtor
c. To deliver a thing which is of the quality intended by the parties taking into consideration and other circumstances
b. To ask that obligation be complied with at the expense of the debtor
These are the Rights of Creditor in ____________ Obligation
1. To compel specific performance
2. To demand rescission or cancellation of the obligation (in reciprocal obligation); and
3. To recover damages in case of breach of the obligation
Right of Creditor in Specific Real Obligation
These are the Rights of Creditor in ___________ Obligation
1. To ask for performance of the obligation
2. To ask that the obligation be complied with at the expense of the debtor; and
3. To recover damages in case of breach of the obligation
Right of Creditor in Generic Real Obligation
The debtor must exercise diligence to ensure that the thing to be delivered would subsist in the same condition as it was when the obligation was contracted.
Obligation to take care of the thing due
Is the care, caution; attention and care required from a person in a given situation
Diligence
Is the diligence reasonably expected from and ordinarily exercised by a person who seeks to satisfy a legal requirement or to discharge obligation.
Due Diligence
Is the extreme care that a person of unusual prudence exercise to secure rights or property
Extraordinary Diligence
Diligence required in Real Obligation- Diligence of a good father of the family - In obligation to give (real obligation), 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. (Ordinary care/Diligence)
General Rule
However, if the law or stipulation of the parties provides for another standard of care (slight or extraordinary diligence), said law or stipulation must prevail)
Exception
_____ is a mode of acquiring ownership whereby the object or possession of the vendee, either actually or constructively.
Delivery
This is delivered by physically placing the thing sold in the hands of the vendee (in case of movables) or physically placing it in his possession and control (in the case of immovable)
Actual or real delivery
An act that amounts to a transfer of title by operation of law when actual transfer is impractical or impossible
Constructive of legal delivery
It is a constructive delivery when the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing sold, if from the deed the contrary does not appear or cannot be clearly inferred.
By legal formalities
It is a constructive delivery that takes place by delivering the keys of the place or depository where the movable is stored or kept
Symbolic Delivery (Traditio simbolica)
It is a constructive delivery of movable by mere consent or agreement of the parties if the thing cannot be transferred to possession of the vendee at the same time of sale. Literally “delivery by long hand”
Traditio longa manu
It is a constructive delivery that takes place when the vendee is already in the possession of the thing sold even before the sale and thereafter continue possession thereof in the concept of an owner. Literally “Delivery by short hand”
Traditio brevi manu
It is a constructive delivery that takes place when the vendor continues in possession of the thing sold after the sale but in another capacity such as that of a lessee or depositary
Tradition constitutum possesiorum
Those spontaneous products of soil, and the young and other products of animals
Natural Fruits
Those delivered by virtue of a juridical relation
Civil Fruits
Those produced by land of any kind through cultivation or labor
Industrial Fruits
The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery of the thing arises. However, he shall acquire real right over it until the same has been delivered to him
Right of the Creditor as to the fruits of the thing
Is the right of power of a person (creditor) to demand from another (debtor), as definite passive subject, the fulfillment of the latter’s obligation to give, to do, or not to do. (merely the right to the performance of an obligation)
Personal Right
Is the 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. (Legal title/ Jus in Re)
Real Right
- Generally, the obligation to deliver the thing due and, consequently, the fruits thereof, if any, arises from the time of the perfection of the contract.
- If the obligation is subject to a suspensive condition or period, it arises upon fulfillment of the condition or arrival of the period.
- In a contract of sale, the obligation arises from the perfection of the contract even if the obligation is subject to a suspensive condition or a suspensive period where the price has been paid.
- In obligation to give arising from law, quasi-contracts, delicts, 78 and quasi-delicts, the time of performance is determined by the specific provisions of law applicable.
When obligation to deliver arises
It signifies all of those things, which have for their object the embellishment, better use, completion, or preservation of another thing that is more important and to which they are not incorporated or attached. It includes all of those things which are necessary or convenient for the perfection of another thing.
Accessories
It signifies all of those things which are produced by the thing which is the object of the obligation as well as all those which are naturally or artificially attached thereto.
Accession
The general rule is that all accessions and accessories are considered included in the obligation to deliver a determinate thing although they may not have been mentioned. This rule is based on the principle of law that the accessory follows the principal. In order that they will be excluded, there must be a stipulation to that effect.
Unless otherwise stipulated, an obligation to deliver the accessions or accessories of a thing does not include the latter.
Right of the Creditor as to the accessories and accession
What article states that “ When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. x x x” It is also a concept of Specific Performance
Article 1165
The right of the oblige to compel the obligor to make delivery of the determinate thing if the obligor will not perform his obligation. (relate to the concept of juridical 84-cessity)
Specific Performance
Those which are from the same cause, and which each party is a debtor and a creditor of the other, such that the obligation of one is dependent upon the obligation of the other. They are to be performed simultaneously.
Reciprocal Obligation
What article states that “When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration”
Article 1246
