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

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

False

Smoking while carrying inflammable materials is considered negligence.

True

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Compensatio morae cancels delays between obligors in reciprocal obligations.

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

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

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

Force majeure includes human actions that are beyond control.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A generic thing can perish or be destroyed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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