Questions and Answers
What is included with a determinate thing according to obligations?
Which of the following is an example of an accession?
What defines an accessory in relation to the principal object?
If a debtor fails to deliver a determinate thing, what is NOT an available remedy for the creditor?
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Which statement correctly describes the difference between accessions and accessories?
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What happens if a contract explicitly states that a mango tree is not included with the land?
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If a debtor fails to deliver a generic thing, which remedy is NOT applicable?
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Which example is considered an accessory rather than an accession?
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What may a creditor demand if a debtor fails to fulfill their obligation?
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Which of the following correctly defines 'damages'?
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If a debtor contravenes the tenor of their obligation, what is the creditor entitled to do?
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What is a key difference between 'damages' and 'injury'?
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What happens if a debtor performs their obligation poorly?
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In which case can a creditor not claim damages?
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Which of the following correctly identifies 'damnum absque injuria'?
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What right does a debtor maintain against involuntary servitude?
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Study Notes
Accessions vs Accessories
- Accessions are elements that are naturally or artificially incorporated or attached to a primary object and are included in its ownership when sold unless specified otherwise in the contract.
- Example of Accessions: When purchasing land, any trees planted on it (e.g., mango tree) are included in the sale, unless stated otherwise in the contract.
- Accessories are items that enhance the use or enjoyment of the primary object but are not essential for its basic function.
- Example of Accessories: A watch strap is an accessory to the watch; without it, the watch cannot be used properly. Similarly, a battery is an accessory for a cellphone, as the device cannot operate without it.
Remedies of the Creditor
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If the debtor fails to deliver a determinate thing, a creditor can:
- Compel the debtor to deliver the specific item.
- Demand damages for non-delivery.
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If the debtor fails to deliver a generic thing, a creditor can:
- Request compliance at the debtor's expense, allowing for purchase from elsewhere.
- Demand damages for non-delivery.
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If a debtor fails to perform an obligation to do, a creditor can:
- Have the obligation executed at the debtor's expense or demand damages if the debtor does not fulfill the contract.
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In cases where a debtor performs poorly, a creditor may:
- Require the poor performance to be undone at the debtor’s expense or seek damages.
Obligations and Contracts
- When a debtor acts against agreed terms, the creditor has the right to ask that the action be undone and may demand damages.
Grounds for Liability for Damages
- Under Article 1170, individuals are liable for damages incurred through:
- Fraud
- Negligence
- Delay
- Any action that contravenes the contract's terms.
Damages vs Injury
- Damages refer to the financial compensation for harm or loss caused by another's actions, encapsulating both the repair of property and loss of use.
- Injury indicates the wrongful act that causes loss or harm, focusing on the violation of legal rights without necessarily leading to financial loss.
Damnum Absque Injuria
- This principle means "damage without injury," outlining situations where a person suffers damage but does not have legal standing to claim for injury.
- Normal scenario: Damaging property alongside violation of rights (e.g., property arson).
- Example: A squatter being forcibly removed from property they unlawfully occupy may experience damage (destruction of shelter) without having a legitimate claim to injury, as they had no legal right to the property.
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Description
This quiz focuses on Article 1166, which discusses the obligations related to accessions and accessories in property law. You will explore the definitions and examples provided, helping you understand how these concepts apply in legal contexts. Test your knowledge and ensure you grasp the crucial distinctions between accessions and accessories.