Week 2

Question 1

What is a thing

Answer 1

is generic or determinate when it refers only to a class or genus to which it pertains

Question 2

A determinate thing

Answer 2

is identified by its individuality

Question 3

A generic thing

Answer 3

is identified by its specie

Question 4

Natural fruits are

Answer 4

spontaneous producs of the soil and the young and other producs of animal

Question 5

Industrial fruits are

Answer 5

those produed by lands of any kind through cultivation or labor

Question 6

Civil fruits are

Answer 6

those derived by virtue or juridical relation

Question 7

Article 1167 states that

Answer 7

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

This same rule shall be observed if he does it in contravention to the tenor of the obligation, Furthermore it may be decreed that what has been poorly done be undone

Question 8

1167 contemplates 3 situations

Answer 8

1. • debtor fails to comply with his obligation
2. • Debtors perfoms obligation but contrary to the terms thereof
3. • Debtor perfoms obligation but in poor manner

Question 9

1167 talks

Answer 9

about situations contemplated in article 1167
and
Remedies of creditor on positive personal obligation

Question 10

Ordinary delay means

Answer 10

the failure to perform an obligation on time

Question 11

Legay delay or default or mora means

Answer 11

Failure to perfom an obligation on time which failure constitutes a breach or violation of obligatoin

Question 12

Types of legal delay or default or mora

Answer 12

Mora solviendi - on the part of the debtor to fulfill his obligation

Mora accipiendi - On the part of the creditor to accept the performance of the obligation

Compensatio morae - oblgiros in reciprocal obligatoins

Question 13

Meaning of fraud

Answer 13

It is the deliberate or intentional evasion of the normal fulfillment of an obligatoin

Question 14

Incidental fraud (dolo incidente) is

Answer 14

commited in the performance of an obligation already existing because of a contract

Question 15

Casual fraud (dolo causante) is

Answer 15

fraud employed in the execution of a contract under article 1338

Question 16

Fortuitous event is

Answer 16

any event which cannot be foreseen, or which, though foreseen is inevitable.

Question 17

Presumption is

Answer 17

meant the inference of a fact not actually known arising from its usual connection with another which is known or approved

Question 18

Conclusive presumption is

Answer 18

one which cannot be contradicted, like the presumption that everyone is conclusivelt presumed to know the law

Question 19

Disputaible (Rebuttable) presumption is

Answer 19

one which can be contradicted or rebutted by presenting proof to the contrart, like the presumption established