Podcast
Questions and Answers
What is included with a determinate thing according to obligations?
What is included with a determinate thing according to obligations?
- Only accessories connected to the primary item
- Only items specifically mentioned in the contract
- All accessions and accessories, even if not mentioned (correct)
- Only the primary item
Which of the following is an example of an accession?
Which of the following is an example of an accession?
- A battery of a cellphone
- A watch strap
- A jelly case for a cellphone
- A mango tree planted on a piece of land (correct)
What defines an accessory in relation to the principal object?
What defines an accessory in relation to the principal object?
- It's required for the aesthetic appeal of the principal object
- It can operate independently from the principal object
- It is interchangeable with other accessories
- It's essential for the primary object to function (correct)
If a debtor fails to deliver a determinate thing, what is NOT an available remedy for the creditor?
If a debtor fails to deliver a determinate thing, what is NOT an available remedy for the creditor?
Which statement correctly describes the difference between accessions and accessories?
Which statement correctly describes the difference between accessions and accessories?
What happens if a contract explicitly states that a mango tree is not included with the land?
What happens if a contract explicitly states that a mango tree is not included with the land?
If a debtor fails to deliver a generic thing, which remedy is NOT applicable?
If a debtor fails to deliver a generic thing, which remedy is NOT applicable?
Which example is considered an accessory rather than an accession?
Which example is considered an accessory rather than an accession?
What may a creditor demand if a debtor fails to fulfill their obligation?
What may a creditor demand if a debtor fails to fulfill their obligation?
Which of the following correctly defines 'damages'?
Which of the following correctly defines 'damages'?
If a debtor contravenes the tenor of their obligation, what is the creditor entitled to do?
If a debtor contravenes the tenor of their obligation, what is the creditor entitled to do?
What is a key difference between 'damages' and 'injury'?
What is a key difference between 'damages' and 'injury'?
What happens if a debtor performs their obligation poorly?
What happens if a debtor performs their obligation poorly?
In which case can a creditor not claim damages?
In which case can a creditor not claim damages?
Which of the following correctly identifies 'damnum absque injuria'?
Which of the following correctly identifies 'damnum absque injuria'?
What right does a debtor maintain against involuntary servitude?
What right does a debtor maintain against involuntary servitude?
Flashcards
Accessions
Accessions
Elements naturally or artificially attached to a primary object, included in its ownership unless otherwise specified.
Accessories
Accessories
Items enhancing use but not essential to a primary object's function.
Remedies for Non-Delivery (Determinate Thing)
Remedies for Non-Delivery (Determinate Thing)
Creditor can compel delivery or seek damages for non-delivery of a specific object.
Remedies for Non-Delivery (Generic Thing)
Remedies for Non-Delivery (Generic Thing)
Signup and view all the flashcards
Remedies for Breach of Obligation to Do
Remedies for Breach of Obligation to Do
Signup and view all the flashcards
Poor Performance Remedy
Poor Performance Remedy
Signup and view all the flashcards
Damages (regarding Contracts)
Damages (regarding Contracts)
Signup and view all the flashcards
Liability for Damages (Article 1170)
Liability for Damages (Article 1170)
Signup and view all the flashcards
Damages
Damages
Signup and view all the flashcards
Injury
Injury
Signup and view all the flashcards
Damnum Absque Injuria
Damnum Absque Injuria
Signup and view all the flashcards
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
-
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.
-
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.
-
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.
-
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.
