Accessions vs Accessories Quiz and Flashcards

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Questions and Answers

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?

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?

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?

Purchase the item from another seller Signup and view all the answers

Which statement correctly describes the difference between accessions and accessories?

Accessions are integrated into the principal object; accessories support its function. Signup and view all the answers

What happens if a contract explicitly states that a mango tree is not included with the land?

The tree does not transfer with the land. Signup and view all the answers

If a debtor fails to deliver a generic thing, which remedy is NOT applicable?

Insist on delivery from the original seller Signup and view all the answers

Which example is considered an accessory rather than an accession?

A laptop charger Signup and view all the answers

What may a creditor demand if a debtor fails to fulfill their obligation?

The creditor can demand damages from the debtor Signup and view all the answers

Which of the following correctly defines 'damages'?

The reparation for harm done to a property Signup and view all the answers

If a debtor contravenes the tenor of their obligation, what is the creditor entitled to do?

Undo the action at the debtor's expense Signup and view all the answers

What is a key difference between 'damages' and 'injury'?

Injury is the act of causing harm, while damages are the result Signup and view all the answers

What happens if a debtor performs their obligation poorly?

The creditor can demand damages from the debtor Signup and view all the answers

In which case can a creditor not claim damages?

If the debtor completes the obligation successfully Signup and view all the answers

Which of the following correctly identifies 'damnum absque injuria'?

Damage without legal injury or violation of rights Signup and view all the answers

What right does a debtor maintain against involuntary servitude?

The right to not perform the obligation if it violates their will Signup and view all the answers

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.

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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.