Adjective Law Basics
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Questions and Answers

What does 'ordinary diligence' refer to in the context of obligations?

  • The care an average person exercises over their own property. (correct)
  • The care taken while fulfilling a legal obligation without concern for property.
  • The care that a person takes in managing someone else's property.
  • The minimal care exercised over a person's own property.

    • What is the implication of Article 1164 regarding the rights of creditors?

  • Creditors acquire a real right to the property from the moment the obligation arises.
  • Creditors cannot demand fruits of a property unless it is delivered. (correct)
  • Creditors can claim the fruits of a property even before the obligation is due.
  • Creditors gain rights to the property only if stipulated by both parties.

    • Which of the following is NOT an exception to the standard of care imposed in obligations?

  • Stipulated negligence by parties
  • Slight diligence
  • Extraordinary diligence
  • Ordinary diligence (correct)

    • What may occur if the parties agree to no standard of care?

    <p>The creditor cannot claim damages in cases of loss.</p> Signup and view all the answers

    What are the usual types of diligence expected in managing obligations?

    <p>Ordinary and extraordinary diligence</p> Signup and view all the answers

    Which type of obligation cannot be enforced in courts?

    <p>Moral Obligation</p> Signup and view all the answers

    What term describes an obligation that can be demanded in courts?

    <p>Civil Obligation</p> Signup and view all the answers

    Which of the following is a natural obligation?

    <p>Voluntary payment of minor debts</p> Signup and view all the answers

    What is the obligation to contribute during a natural disaster classified as?

    <p>Civil Obligation</p> Signup and view all the answers

    An obligation that includes both civil and natural elements is known as?

    <p>Mixed Obligation</p> Signup and view all the answers

    Which obligation relates to paying taxes?

    <p>Civil Obligation</p> Signup and view all the answers

    What characterizes a duty that is condoned?

    <p>It is a civil obligation with no legal consequence</p> Signup and view all the answers

    Which of the following is a key element required for establishing a legal right in court?

    <p>The act or omission of the defendant</p> Signup and view all the answers

    What is the main characteristic of Public Law?

    <p>Regulates the rights and duties between the state and individuals</p> Signup and view all the answers

    Which of the following best defines Private Law?

    <p>Focuses on purely private relations between individuals</p> Signup and view all the answers

    What is a characteristic of Natural Obligation?

    <p>Is based on good conscience and justice</p> Signup and view all the answers

    What source of law is concerned with creating legal frameworks for behavior?

    <p>Legislation</p> Signup and view all the answers

    Which of the following is NOT an example of Public Law?

    <p>Obligations and Contracts</p> Signup and view all the answers

    What differentiates Moral Obligation from other types of obligations?

    <p>It lacks a juridical tie</p> Signup and view all the answers

    Which duty is considered a Civil Obligation?

    <p>Duty of the child to support his parents when in need</p> Signup and view all the answers

    Which of the following best describes the concept of Law?

    <p>A positive command that requires obedience</p> Signup and view all the answers

    What distinguishes an accession from an accessory?

    <p>Accession adds value, while accessory is for embellishment.</p> Signup and view all the answers

    Under what condition does the obligation to deliver fruits arise?

    <p>Perfection of the contract.</p> Signup and view all the answers

    Which of the following is NOT considered an accessory?

    <p>Car</p> Signup and view all the answers

    What does the term 'avulsion' refer to?

    <p>The sudden separation of land from one property to another.</p> Signup and view all the answers

    Which of the following correctly describes 'aluvium'?

    <p>Gradual deposition of materials by running water.</p> Signup and view all the answers

    Can land itself be considered an accession?

    <p>Yes, along with all its accessions and accessories.</p> Signup and view all the answers

    Which of the following does not fall under natural products as accessions?

    <p>Building materials harvested from the land.</p> Signup and view all the answers

    What is the principal thing in the context of industrial products?

    <p>A car produced from cultivated lands.</p> Signup and view all the answers

    What is the primary purpose of accessories in relation to another thing?

    <p>To aid in its preservation or embellishment.</p> Signup and view all the answers

    What is a debtor obligated to do if they fail to execute the obligation?

    <p>Shoulder the cost of execution.</p> Signup and view all the answers

    Which of the following describes a creditor's right in case of breach?

    <p>To recover damages.</p> Signup and view all the answers

    Which obligation is explicitly stated as not compelable to perform by the debtor?

    <p>To execute the obligation to do.</p> Signup and view all the answers

    What must creditors avoid in the relationship with their debtors?

    <p>Accepting performance of a different quality.</p> Signup and view all the answers

    What should a debtor do if the thing delivered is poorly done?

    <p>Undo the poor work done.</p> Signup and view all the answers

    According to the obligations outlined, what is a debtor's duty regarding the care of a thing due?

    <p>To take care of it with utmost diligence.</p> Signup and view all the answers

    What do obligations to give a generic thing entail for the debtor?

    <p>Delivering a thing of quality intended by the obligation.</p> Signup and view all the answers

    Study Notes

    Definition of Law

    • Law is a positive command that prescribes duties and sanctions to ensure obedience.
    • It is enforced by legitimate authorities to uphold order and justice.

    Types of Law

    • Public Law: Governs relationships between the state and individuals, encompassing areas like Criminal Law and International Law.
    • Private Law: Regulates relationships among individuals for private interests, including Obligations and Contracts and Civil Law.

    Obligations

    • Civil Obligations: Enforceable in courts with juridical ties and sanctions, e.g., obligations to pay debts.
    • Natural Obligations: Arise from moral grounds, have no juridical ties, and cannot be enforced by law.
    • Moral Obligations: Based on good conscience and ethics, such as the duty to vote or support family members.
    • Mixed Obligations: Combine elements of civil and natural obligations.

    Sources of Law

    • Constitution as the supreme authority.
    • Legislation enacted by legislative bodies.
    • Administrative Orders from executive authorities.
    • Jurisprudence or decisions made by courts.
    • Customs reflecting societal norms.

    Elements of Obligation

    • Involves a legal right of the creditor, a corresponding obligation of the debtor, and an act/omission by the debtor.

    Rights and Duties in Obligations

    • Creditors have the right to receive proper delivery, and debtors must fulfill obligations with due diligence, defined as the care typical of a reasonable person.
    • Obligations can be to give (transfer of ownership) or to do (perform a specific action).

    Fruits of an Obligation

    • Different types of fruits include:
      • Natural Fruits: Produced spontaneously from land (e.g., crops).
      • Industrial Fruits: Result from agricultural or industrial effort.
      • Civil Fruits: Derived from legal relations (e.g., rent).

    Accessions vs. Accessories

    • Accessions: Include improvements on a principal thing, all gains from property improvements.
    • Accessories: Items that enhance or preserve the principal thing (e.g., tools or decorations).

    Types of Obligations to Do

    • Debtor must execute obligations and may face consequences for failure to perform.
    • Creditors have rights to seek damages in case of breach, and can request specific actions from the debtor.
    • Legal standards for care are established by law, parties may not agree to eliminate standards of care.
    • Care can vary between ordinary, slight, and extraordinary, with significant legal implications for negligence.
    • Avulsion: Sudden separation of land due to natural events, maintaining ownership with the original owner.
    • Aluvium: Gradual deposit of materials (like sediment) shifting land ownership to the recipient of the soil.

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    Description

    This quiz covers the essential concepts of Adjective Law including its definition, the duty to obey, and the implications of positive commands. It also explores the procedural aspects related to the enforcement of rights and redress of violations. Test your understanding of legal obligations and procedures.

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