18 Questions
What is the standard of care required of a debtor when delivering a determinate thing, unless the law or stipulation provides otherwise?
ordinary diligence
What is the primary right of the creditor regarding the fruits of the thing from the time the obligation to deliver it arises?
right to the fruits of the thing
In case of a breach of an obligation to deliver a determinate thing, what remedy is available to the creditor?
demand payment of damages and indemnification
What is a characteristic of an obligation to deliver an indeterminate thing?
can be performed by a third person
What is the primary difference between delivering a determinate thing and an indeterminate thing?
who can perform the obligation
What is the consequence of a debtor failing to comply with an obligation to deliver a determinate thing?
the creditor may demand specific performance or rescission
When is an obligation extinguished despite no fault or delay by the debtor?
When the thing to be delivered is specific and lost
What happens to the obligation when a generic/indeterminate thing is lost?
The obligation is not affected
When can partial loss be considered as total loss?
When the loss is material and the remaining portion is immaterial
What is presumed when the thing is lost in the possession of the debtor?
The loss was due to the debtor's fault
What is a characteristic of an indeterminate thing?
The genus never perishes
What is included in the delivery of a determinate thing?
The principal thing and its accessories and accessions
In an obligation to do, when is the debtor released from their obligation?
When the prestation becomes legally or physically impossible without the debtor's fault
In an obligation to deliver a determinate thing, what happens to the debtor's liability?
The debtor is liable for damages regardless of the cause of the loss
What is the consequence of a debtor failing to perform an obligation?
The creditor has the right to have the obligation performed by himself or another at the debtor's expense
In what situation is the creditor not entitled to demand performance from the debtor?
When the law expressly declares that demand is not necessary
What happens when the debtor does what has been forbidden in an obligation not to do?
It shall be undone at the debtor's expense plus damages
What is the principle behind the concept of delay in obligations?
No demand, no delay
Study Notes
Loss of a Specific/Determinate Thing
- Without the fault of the debtor and delay, the obligation is extinguished.
- The debtor is still liable for fortuitous events and shall pay damages if liable by law or stipulation.
- This rule applies when the nature of the obligation requires assumption of risk.
Loss of a Generic/Indeterminate Thing
- Loss does not extinguish the obligation.
Partial Loss
- Courts determine if partial loss is considered total loss, considering if the remaining portion is immaterial.
Possession of the Debtor
- When the thing is lost in the possession of the debtor, it is presumed that the loss was due to their fault, unless proven otherwise.
Obligation to Do
- The debtor is released when the prestation becomes legally or physically impossible without their fault.
Exceptions to Obligatory Force of a Contract
- The debtor may be released in whole or in part when the service becomes extremely difficult, beyond the contemplation of the parties.
Effects of Loss in Criminal Offenses
- The debtor is not exempt from liability, regardless of the cause of the loss, unless they offered to deliver but the creditor refused to receive it without justification.
Nature and Effects of Obligation
Delivering a Determinate Thing
- The debtor must take care of the thing with the diligence of a good father of a family (ordinary diligence).
- A higher or lower standard of care may prevail if stipulated by law or agreement.
Delivering an Indeterminate Thing
- The debtor must deliver a thing of the intended quality.
Rights of the Creditor
- The creditor has the right to the fruits of the thing from the time the obligation to deliver arises.
Kinds of Fruits
- Natural (spontaneous products of soil/animals)
- Industrial (produced by lands)
- Civil (by virtue of a juridical relation)
Remedies for Breach
- For determinate things: demand specific performance, rescission/cancellation with damages, or payment of damages.
- For indeterminate things: recover damages.
Fortuitous Event
- Does not exempt the debtor from responsibility in cases of indeterminate things.
Delivering a Determinate Thing
- Includes accessories (additions to or improvements) and accessions (joined or included with the principal thing).
Obligation to Do
- If the debtor fails to perform, the creditor can have the obligation performed by themselves or another at the debtor's expense and recover damages.
Obligation Not to Do
- If the debtor does what has been forbidden, it shall be undone at their expense plus damages.
Demand Not Necessary
- When the obligation/law declares, time is of the essence, demand would be useless, or there is performance by a party on sale.
Kinds of Delay
- Mora solvendi (part of the debtor)
- Mora accipiendi (part of the creditor)
- Compensatio morae (delay of obligors in reciprocal obligations, e.g., sale)
Liable for Damages
- When guilty of fraud (deceit/dolo), deliberate/intentional evasion of normal fulfillment.
This quiz covers the principles of civil law obligations, including the requirements for damages and the standard of care for delivering determinate things.
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