Contract Law: Specific vs. Generic Obligations
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Questions and Answers

Contributory negligence can be used as a defense in criminal cases involving reckless imprudence.

False (B)

A creditor does not have the right to recover damages if the debtor fails to comply with his obligation.

False (B)

Smoking while carrying inflammable materials is considered negligence.

True (A)

A contract of sale creates obligations only after the price has been paid.

<p>False (B)</p> Signup and view all the answers

In a negative personal obligation, the debtor must perform an act to fulfill their duty.

<p>False (B)</p> Signup and view all the answers

A person is considered negligent if they sleep while on duty, regardless of their healthy condition.

<p>True (A)</p> Signup and view all the answers

If an obligation is fulfilled poorly, it can be ordered to be undone by the court if possible.

<p>True (A)</p> Signup and view all the answers

Driving without headlights at night is not classified as gross negligence.

<p>False (B)</p> Signup and view all the answers

A personal right can be enforced against anyone in the world.

<p>False (B)</p> Signup and view all the answers

Usury refers to contracting for or receiving interest within the legal limit set by law.

<p>False (B)</p> Signup and view all the answers

Mora accipiendi refers to the delay on the part of the debtor to fulfill his obligation.

<p>False (B)</p> Signup and view all the answers

In the absence of specific agreement, common carriers are required to exert extraordinary diligence.

<p>True (A)</p> Signup and view all the answers

Interest serves as a fee for the use of borrowed money or for overdue payments.

<p>True (A)</p> Signup and view all the answers

In a specific real obligation, the creditor can demand specific performance if it is still possible.

<p>True (A)</p> Signup and view all the answers

A fortuitous event is defined as an extraordinary event that one can foresee.

<p>False (B)</p> Signup and view all the answers

A simple loan or mutuum can only be gratuitous and cannot involve interest payments.

<p>False (B)</p> Signup and view all the answers

Compensatio morae cancels delays between obligors in reciprocal obligations.

<p>True (A)</p> Signup and view all the answers

A generic real obligation must be performed by the debtor himself.

<p>False (B)</p> Signup and view all the answers

Force majeure includes human actions that are beyond control.

<p>False (B)</p> Signup and view all the answers

For recovery of interest, the agreement must be verbal and can be implied.

<p>False (B)</p> Signup and view all the answers

The remedies available to a creditor depend on whether the obligation is real or personal.

<p>True (A)</p> Signup and view all the answers

The remedy for a violation of a negative obligation is solely monetary damages.

<p>False (B)</p> Signup and view all the answers

The term 'delay' signifies a failure to perform an obligation on time.

<p>True (A)</p> Signup and view all the answers

In case of a breach of obligation, a creditor has no right to recover damages.

<p>False (B)</p> Signup and view all the answers

A conclusive presumption can be contradicted with evidence supporting the contrary.

<p>False (B)</p> Signup and view all the answers

The diligence expected of a good father of a family is the highest standard of diligence required.

<p>False (B)</p> Signup and view all the answers

Ordinary delay is a type of delay that constitutes a breach of obligation.

<p>False (B)</p> Signup and view all the answers

Disputable or rebuttable presumption can be disproven by presenting proof to the contrary.

<p>True (A)</p> Signup and view all the answers

Real rights are associated with a specific thing and involve a definite passive subject.

<p>False (B)</p> Signup and view all the answers

The remedies in a positive personal obligation include demanding performance or payment of damages.

<p>True (A)</p> Signup and view all the answers

The intention to make a debtor liable in case of a fortuitous event should be clearly expressed.

<p>True (A)</p> Signup and view all the answers

There are no consequences if the payment of interest is not expressly stipulated in a contract.

<p>False (B)</p> Signup and view all the answers

A specific thing can be described as particularly designated or physically segregated from others of the same class.

<p>True (A)</p> Signup and view all the answers

A generic thing can perish or be destroyed.

<p>False (B)</p> Signup and view all the answers

In an obligation to deliver a specific thing, the debtor is not responsible for damages in case of non-fulfillment or breach.

<p>False (B)</p> Signup and view all the answers

Accessories include things that are essential for the principal thing's use, like a key for a house.

<p>True (A)</p> Signup and view all the answers

Proper diligence of a good father to a family references the extraordinary care exercised over someone else's property.

<p>False (B)</p> Signup and view all the answers

The obligation to deliver fruits arises from the time of the perfection of the contract.

<p>True (A)</p> Signup and view all the answers

Natural fruits are products derived from actions of cultivation or labor, like crops.

<p>False (B)</p> Signup and view all the answers

In delivering a generic thing, the debtor must ensure the quality intended by the parties.

<p>True (A)</p> Signup and view all the answers

All rights acquired in virtue of an obligation are generally transmissible.

<p>True (A)</p> Signup and view all the answers

One of the exceptions to the transmissibility of rights is when rights are purely personal in character.

<p>True (A)</p> Signup and view all the answers

Rights in a contract of partnership can be transferred to another party without restriction.

<p>False (B)</p> Signup and view all the answers

The contract of agency allows the agent to act on behalf of another with the latter's consent.

<p>True (A)</p> Signup and view all the answers

Commodatum involves the delivery of consumable goods for a specific time.

<p>False (B)</p> Signup and view all the answers

A stipulation against the transmission of rights must not contradict public policy.

<p>True (A)</p> Signup and view all the answers

A creditor’s obligation may extinguish upon their death regardless of the contractual terms.

<p>False (B)</p> Signup and view all the answers

The right to recover a claim from the debtor’s debtor is an inherent right of the debtor.

<p>False (B)</p> Signup and view all the answers

Flashcards

Specific/Determinate Thing

Something that can be physically identified and separated from others of its kind. It's like a specific apple from a basket.

Generic/Indeterminate Thing

A general class or category of things. It refers to the type, not a particular one. Like "apple" means any apple.

Can a generic thing perish?

No, a generic thing does not perish. Even if specific examples within the category are destroyed, the general concept remains.

Duties of Debtor for Specific Thing

The debtor must take care of the specific thing like a reasonable person would. Protect it from harm.

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Accessories and Accessions

These are things that add to or enhance the main thing. Think of a car and its accessories.

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Proper Diligence of a Good Father to a Family

This means to act with ordinary care, like a responsible person would in similar situations.

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Debtor's Duty for Generic Thing

The debtor must deliver a thing that meets the agreed-upon quality, suitable for the purpose of the agreement.

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Kinds of Fruits

These are the income or benefits derived from a thing or a legal relationship. Like the rent earned from a property.

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Personal Right

A right that one person has against another specific person (the debtor) to demand the fulfillment of an obligation, such as giving something, doing something, or refraining from doing something.

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Real Right

A right that a person has over a specific thing (like ownership, possession, mortgage, or lease record) without a specific person against whom the right must be enforced. It binds everyone.

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Obligations in Contracts of Sale

In a contract of sale, the obligation to deliver the goods arises immediately upon the perfection of the contract, even if the delivery is subject to a future condition or specified time.

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Specific Performance

Specific performance refers to the court ordering the debtor to fulfill the exact obligation as agreed upon in the contract.

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Rescission

A remedy where the court cancels the contract and restores both parties to their original positions before the contract was made.

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Damages

The creditor's right to receive compensation for damages suffered due to the debtor's failure to fulfill their obligation.

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Generic Real Obligation

A type of real obligation where the object is only defined by its category or genus, allowing for substitution by a similar object of the same kind.

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Specific Real Obligation

A type of real obligation where the specific object is identified and must be delivered. There is no substitute.

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Remedies of a creditor in a positive personal obligation

The creditor's right to demand the debtor to perform the obligation, even if it involves hiring someone else, at the debtor's expense.

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Remedies of a creditor in a negative personal obligation

Remedies include undoing the forbidden act (if possible) and seeking damages.

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Ordinary Delay

The failure to perform an obligation on time.

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Legal Delay or Default

The failure to perform an obligation on time , which constitutes a breach of the obligation.

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Mora Solvendi

The debtor's delay in fulfilling their obligation to give or do something.

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Mora Accipiendi

The creditor's delay in accepting performance of the obligation without a justifiable reason.

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Compensatio Morae

The delay of both parties in reciprocal obligations, where each party's delay cancels out the other's.

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Requisites for Delay

The requisites are: (1) the obligation is due, demandable and liquidated; (2) the obligor fails to perform the obligation on time; (3) the obligor's failure to perform is without justifiable reason.

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Contributory Negligence in Criminal Cases

The defense of contributory negligence does not apply in criminal cases where the offense was committed through reckless imprudence. You can't claim someone else's negligence (like driving with an expired license) to escape the consequences of your own reckless actions.

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Factors Determining Negligence

To determine if someone is negligent, you consider the following factors: 1) Nature of obligation: What was their expected level of care? 2) Circumstances of the person: What were their physical or mental capabilities? 3) Circumstances of time: Was it day or night, creating different risks? 4) Circumstances of place: Where did the event occur, and what were the typical hazards?

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What is Diligence?

Diligence refers to the attention and care expected from someone in a given situation. It's the opposite of negligence. The degree of diligence required varies:

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Types of Diligence

There are three main types of diligence: 1) Agreed-upon: Parties decide on the level of care in their contract. 2) Required by law: Specific situations have legal standards (like common carriers requiring extraordinary diligence). 3) Good father of a family: When no agreement or law exists, the expectation is like that of a responsible parent.

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Fortuitous Event

A fortuitous event is an unexpected and unavoidable occurrence that makes fulfilling an obligation impossible, like a natural disaster or a sudden accident.

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Force Majeure

Force majeure specifically refers to unforeseen events caused by natural forces, like earthquakes, floods, or other acts of God, meaning it's beyond human control.

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Distinguish Fortuitous Event from Force Majeure

Fortuitous events are broader than force majeure. Fortuitous can include things like accidents while force majeure is specifically about natural disasters.

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Simple Loan (Mutuum)

A contract where one party gives money or consumable goods to another, with the agreement to return the same amount, kind, and quality. Can involve interest or be free of charge.

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Interest

The compensation paid by a borrower to a lender for using money or for delayed repayment. Can be set by law or agreed upon in a contract.

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Presumption

A legal assumption made about a fact based on its connection to another known or proven fact.

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Conclusive Presumption

A presumption that cannot be challenged or contradicted.

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Disputable (Rebuttable) Presumption

A presumption that can be disputed or challenged with evidence.

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Subrogation

The right of a creditor to collect from the debtor's debtor if the debtor fails to pay.

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Rescission/Impugnment of acts

A situation where a creditor can ask the court to cancel an act or contract done by the debtor to avoid paying their debts.

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Leviable property

Property that can be confiscated by a court to pay off a debt.

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Transmissible rights

Rights that can be passed on to someone else, like through inheritance or assignment.

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Non-transmissible rights

Rights that are personal to the individual and cannot be transferred. Examples include rights relating to an agency or partnership contract.

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Prohibition by stipulation

A stipulation in a contract that prohibits the transfer of a credit to another person.

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Prohibition by law

A legal restriction that prevents the transmission of a right. For instance, some rights in a partnership cannot be transferred.

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Study Notes

Assignment No. 2

  • Distinguishing specific/determinate and generic/indeterminate things:

    • A specific/determinate thing is uniquely identified and physically distinct from others.
    • A generic/indeterminate thing is part of a class or genus; not individually identified.

  • Perishability of generic things:

    • Generic things do not perish (genus nunquam perit). The debtor remains liable to deliver a thing of the same kind.

  • Duties of a debtor with a specific obligation:

    • Preserve the thing due.
    • Deliver the fruits of the thing.
    • Deliver accessions and accessories.
    • Deliver the thing itself.
    • Answer for damages in case of non-fulfillment.

  • Definition of accessories and accessions:

    • Accessions: Fruits, additions, or improvements to a principal thing (e.g., rent, dividends).
    • Accessories: Things added to the principal thing for embellishment or better use (e.g., a key for a house).

  • Definition of "proper diligence of a good father of a family":

    • Ordinary care that a reasonably prudent person exercises over their property.

  • Duties of a debtor with a generic obligation:

    • Deliver a thing of the quality intended by the parties, taking into consideration the purpose of the obligation and other circumstances.
    • Be liable for damages in case of fraud, negligence, or delay in performance.

  • Enumeration of kinds of fruits under the law:

    • (Natural Fruits): Spontaneous products of the soil or animals.
    • (Industrial Fruits): Products from cultivation or labor (e.g., crops).
    • (Civil Fruits): Income derived from a juridical relation (e.g., rents).

When does the obligation to deliver fruits arise?

  • Generally, the obligation to deliver the thing due and its fruits arises from the time of the perfection of the contract.
  • If a suspensive condition or period is involved, the obligation to deliver arises upon fulfillment or arrival, respectively.

Define personal and real right, distinguish them

  • Personal Right:

    • Enforceable against a specific person (debtor).
    • Rights over a performance (giving, doing, or not doing something).

  • Real Right:

    • Enforceable against the whole world.
    • Rights over a specific thing (property).

Remedies of a creditor with a real obligation

  • Specific performance:

    • Demand the delivery of the specific thing

  • Damages:

    • Compensation for loss due to the debtor's failure.

  • Rescission:

    • Cancel the contract (under certain conditions).

Remedies of a creditor with a positive personal obligation

  • Performance by another:

    • The creditor can have the obligation fulfilled by a third party.

  • Damages:

    • Compensation for loss/harm

Remedies of a creditor with a negative personal obligation

  • Undoing the act:

    • Court order to eliminate the forbidden act if possible

  • Damages:

    • Compensation for loss resulting from the non-compliance of the obligation.

Definition of delay

  • Ordinary delay:

    • Simple failure to perform an obligation on time

  • Legal Delay (Default or Mora):

    • Failure to perform an obligation on time and constitutes a breach.

Effects of delay

  • Mora solvendi (debtor's delay):

    • Liable for damages, interest, or additional responsibility.
    • Holds responsibility for unfortunate events.
    • Reduced damages (court decision).

  • Mora accipiendi (creditor's delay):

    • Holds responsibility for damages.
    • Bears risk of loss of the thing due.

  • Compensatio morae:

    • Delays cancel each other in reciprocal obligations.

Requisites for delay

  • Non-performance of a duty by the debtor:
  • Demand: A clear request for fulfillment, judicial or extrajudicial.
  • Failure to comply with the demand:

Kinds of Negligence

  • Contractual: Negligence in fulfilling a contract, breach or non-fulfillment
  • Civil: Negligence causing harm (tort or quasi-delict)
  • Criminal: Negligence causing a crime

Distinguish fraud and negligence

  • Fraud: Intentional act to cause harm.
  • Negligence: Lack of care without intent to cause harm.

Definition of fortuitous event & force majeur

  • Fortuitous event: An unavoidable event, making it impossible to fulfill an obligation.
  • Force majeure: An extraordinary event beyond human control, exempting from liability

Circumstances to consider in determining negligence

  • Nature of the obligation
  • Person's circumstances
  • Circumstances of time
  • Circumstances of place

Definition of diligence

  • Diligence: Care and attention required in a given situation
  • Kinds of diligence: Agreed upon, required by law, or ordinary (good father)

Remedies available to a creditor

  • Exact fulfilment (specific performance):
  • Pursue debtor's assets: Exemptions applied.
  • Demand rights of the debtor:
  • Rescind or invalidate acts: To recover debt.

Are rights transmissible?

  • Generally yes, except when prohibited by law or by stipulation.
  • Exceptions: Rights in partnership, agency, commodatum.

What is interest?

  • Compensation for the use of money or delay in payment.
  • Types: Legal (set by law) or Conventional (agreed upon).

Define Simple Loan (Mutuum)

  • A contract where one party gives money or another consumable thing for use.
  • The other party must return the same quantity and quality.

Presumption

  • Conclusive: Indisputable inference (e.g., everyone knows the law).
  • Disputable/rebuttable: Inference that can be challenged with evidence.

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Assignment No. 2 PDF

Description

This quiz explores the distinctions between specific and generic obligations in contract law. It covers key concepts such as perishability, duties of debtors, and definitions of accessories and accessions. Test your understanding of essential contract principles and their implications.

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