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Contributory negligence can be used as a defense in criminal cases involving reckless imprudence.
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.
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.
Smoking while carrying inflammable materials is considered negligence.
True
A contract of sale creates obligations only after the price has been paid.
A contract of sale creates obligations only after the price has been paid.
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In a negative personal obligation, the debtor must perform an act to fulfill their duty.
In a negative personal obligation, the debtor must perform an act to fulfill their duty.
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A person is considered negligent if they sleep while on duty, regardless of their healthy condition.
A person is considered negligent if they sleep while on duty, regardless of their healthy condition.
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If an obligation is fulfilled poorly, it can be ordered to be undone by the court if possible.
If an obligation is fulfilled poorly, it can be ordered to be undone by the court if possible.
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Driving without headlights at night is not classified as gross negligence.
Driving without headlights at night is not classified as gross negligence.
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A personal right can be enforced against anyone in the world.
A personal right can be enforced against anyone in the world.
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Usury refers to contracting for or receiving interest within the legal limit set by law.
Usury refers to contracting for or receiving interest within the legal limit set by law.
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Mora accipiendi refers to the delay on the part of the debtor to fulfill his obligation.
Mora accipiendi refers to the delay on the part of the debtor to fulfill his obligation.
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In the absence of specific agreement, common carriers are required to exert extraordinary diligence.
In the absence of specific agreement, common carriers are required to exert extraordinary diligence.
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Interest serves as a fee for the use of borrowed money or for overdue payments.
Interest serves as a fee for the use of borrowed money or for overdue payments.
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In a specific real obligation, the creditor can demand specific performance if it is still possible.
In a specific real obligation, the creditor can demand specific performance if it is still possible.
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A fortuitous event is defined as an extraordinary event that one can foresee.
A fortuitous event is defined as an extraordinary event that one can foresee.
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A simple loan or mutuum can only be gratuitous and cannot involve interest payments.
A simple loan or mutuum can only be gratuitous and cannot involve interest payments.
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Compensatio morae cancels delays between obligors in reciprocal obligations.
Compensatio morae cancels delays between obligors in reciprocal obligations.
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A generic real obligation must be performed by the debtor himself.
A generic real obligation must be performed by the debtor himself.
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Force majeure includes human actions that are beyond control.
Force majeure includes human actions that are beyond control.
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For recovery of interest, the agreement must be verbal and can be implied.
For recovery of interest, the agreement must be verbal and can be implied.
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The remedies available to a creditor depend on whether the obligation is real or personal.
The remedies available to a creditor depend on whether the obligation is real or personal.
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The remedy for a violation of a negative obligation is solely monetary damages.
The remedy for a violation of a negative obligation is solely monetary damages.
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The term 'delay' signifies a failure to perform an obligation on time.
The term 'delay' signifies a failure to perform an obligation on time.
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In case of a breach of obligation, a creditor has no right to recover damages.
In case of a breach of obligation, a creditor has no right to recover damages.
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A conclusive presumption can be contradicted with evidence supporting the contrary.
A conclusive presumption can be contradicted with evidence supporting the contrary.
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The diligence expected of a good father of a family is the highest standard of diligence required.
The diligence expected of a good father of a family is the highest standard of diligence required.
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Ordinary delay is a type of delay that constitutes a breach of obligation.
Ordinary delay is a type of delay that constitutes a breach of obligation.
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Disputable or rebuttable presumption can be disproven by presenting proof to the contrary.
Disputable or rebuttable presumption can be disproven by presenting proof to the contrary.
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Real rights are associated with a specific thing and involve a definite passive subject.
Real rights are associated with a specific thing and involve a definite passive subject.
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The remedies in a positive personal obligation include demanding performance or payment of damages.
The remedies in a positive personal obligation include demanding performance or payment of damages.
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The intention to make a debtor liable in case of a fortuitous event should be clearly expressed.
The intention to make a debtor liable in case of a fortuitous event should be clearly expressed.
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There are no consequences if the payment of interest is not expressly stipulated in a contract.
There are no consequences if the payment of interest is not expressly stipulated in a contract.
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A specific thing can be described as particularly designated or physically segregated from others of the same class.
A specific thing can be described as particularly designated or physically segregated from others of the same class.
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A generic thing can perish or be destroyed.
A generic thing can perish or be destroyed.
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In an obligation to deliver a specific thing, the debtor is not responsible for damages in case of non-fulfillment or breach.
In an obligation to deliver a specific thing, the debtor is not responsible for damages in case of non-fulfillment or breach.
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Accessories include things that are essential for the principal thing's use, like a key for a house.
Accessories include things that are essential for the principal thing's use, like a key for a house.
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Proper diligence of a good father to a family references the extraordinary care exercised over someone else's property.
Proper diligence of a good father to a family references the extraordinary care exercised over someone else's property.
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The obligation to deliver fruits arises from the time of the perfection of the contract.
The obligation to deliver fruits arises from the time of the perfection of the contract.
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Natural fruits are products derived from actions of cultivation or labor, like crops.
Natural fruits are products derived from actions of cultivation or labor, like crops.
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In delivering a generic thing, the debtor must ensure the quality intended by the parties.
In delivering a generic thing, the debtor must ensure the quality intended by the parties.
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All rights acquired in virtue of an obligation are generally transmissible.
All rights acquired in virtue of an obligation are generally transmissible.
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One of the exceptions to the transmissibility of rights is when rights are purely personal in character.
One of the exceptions to the transmissibility of rights is when rights are purely personal in character.
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Rights in a contract of partnership can be transferred to another party without restriction.
Rights in a contract of partnership can be transferred to another party without restriction.
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The contract of agency allows the agent to act on behalf of another with the latter's consent.
The contract of agency allows the agent to act on behalf of another with the latter's consent.
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Commodatum involves the delivery of consumable goods for a specific time.
Commodatum involves the delivery of consumable goods for a specific time.
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A stipulation against the transmission of rights must not contradict public policy.
A stipulation against the transmission of rights must not contradict public policy.
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A creditor’s obligation may extinguish upon their death regardless of the contractual terms.
A creditor’s obligation may extinguish upon their death regardless of the contractual terms.
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The right to recover a claim from the debtor’s debtor is an inherent right of the debtor.
The right to recover a claim from the debtor’s debtor is an inherent right of the debtor.
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Study Notes
Assignment No. 2
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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.
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Perishability of generic things:
- Generic things do not perish (genus nunquam perit). The debtor remains liable to deliver a thing of the same kind.
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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.
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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).
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Definition of "proper diligence of a good father of a family":
- Ordinary care that a reasonably prudent person exercises over their property.
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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.
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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
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Personal Right:
- Enforceable against a specific person (debtor).
- Rights over a performance (giving, doing, or not doing something).
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Real Right:
- Enforceable against the whole world.
- Rights over a specific thing (property).
Remedies of a creditor with a real obligation
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Specific performance:
- Demand the delivery of the specific thing
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Damages:
- Compensation for loss due to the debtor's failure.
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Rescission:
- Cancel the contract (under certain conditions).
Remedies of a creditor with a positive personal obligation
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Performance by another:
- The creditor can have the obligation fulfilled by a third party.
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Damages:
- Compensation for loss/harm
Remedies of a creditor with a negative personal obligation
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Undoing the act:
- Court order to eliminate the forbidden act if possible
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Damages:
- Compensation for loss resulting from the non-compliance of the obligation.
Definition of delay
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Ordinary delay:
- Simple failure to perform an obligation on time
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Legal Delay (Default or Mora):
- Failure to perform an obligation on time and constitutes a breach.
Effects of delay
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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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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.
