Rules on Risk of Loss and Deterioration Flashcards
Art. 1163. Every person obliged to give something is also obliged to […], unless […].
Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
Art. 1164. The creditor has a right to the fruits of the thing from the time […]. However, he shall acquire […].
Art. 1164. 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.
Art. 1165. When what is to be delivered is […], the creditor, in addition to the right granted him by Article 1170, may […].
If the thing is indeterminate or generic, he may […].
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall […].
Art. 1165. 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.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery.
Art. 1189(1)&(3). When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, […];
***
(3) When the thing deteriorates without the fault of the debtor, […].
Art. 1189(1)&(3). When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
***
(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor.
Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if […], and […].
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing […], and he shall be […]. The same rule applies when the nature of the obligation requires […].
Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk.
Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind […].
Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation.
Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall […].
Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss.
Art. 1409(3). The following contracts are inexistent and void from the beginning:
* * *
(3) Those whose cause or object […].
Art. 1409(3). The following contracts are inexistent and void from the beginning:
* * *
(3) Those whose cause or object did not exist at the time of the transaction.
Art. 1409(3). The following contracts are inexistent and void from the beginning:
* * *
(3) Those whose cause or object […].
Art. 1409(3). The following contracts are inexistent and void from the beginning:
* * *
(3) Those whose cause or object did not exist at the time of the transaction.
Art. 1480. Any injury to or benefit from the thing sold, after the contract has been perfected, from the moment of the perfection of the contract to the time of delivery, shall be governed by […].
This rule shall apply to the sale of […], made […], or without consideration of their […].
Should fungible things be sold for a price fixed according to weight, number, or measure, the risk […].
Art. 1480. Any injury to or benefit from the thing sold, after the contract has been perfected, from the moment of the perfection of the contract to the time of delivery, shall be governed by Articles 1163 to 1165, and 1262.
This rule shall apply to the sale of fungible things, made independently and for a single price, or without consideration of their weight, number, or measure.
Should fungible things be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have been weighed, counted, or measured, and delivered, unless the latter has incurred in delay.
