Nature and Effect of Obligations: Specific vs. Generic Thing
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Questions and Answers

What are industrial fruits?

  • Fruits produced by lands of any kind due to human labor (correct)
  • Fruits that are delivered with the thing itself
  • Fruits joined to or included with the principal thing
  • Fruits derived from a juridical relation
  • Fruits that exist when the obligation to deliver arises
  • What is the difference between accessions and accessories?

  • Accessions are joined to the principal thing, while accessories are improvements.
  • Accessories are the same as accessions.
  • Accessions are the same as accessories.
  • Accessories are fruits of the thing, while accessions are for embellishment.
  • Accessions are improvements upon the thing, while accessories are for embellishment. (correct)
  • What is the legal principle that justifies including accessions and accessories in the obligation to deliver a determinate thing?

  • Doctrine of accessory attachment
  • Accessory liability doctrine
  • Doctrine of precedent
  • Accessory follows the principle principle (correct)
  • Principle of accessory precedence
  • In the context of obligations to deliver a generic thing, what does a debtor need to consider regarding the quality of the thing?

    <p>The quality intended by the parties and other circumstances</p> Signup and view all the answers

    What is the key difference between fraud and negligence with regard to fulfilling an obligation?

    <p>Fraud cannot be mitigated or reduced by courts, while negligence may have reduced liability.</p> Signup and view all the answers

    What is the key difference between a specific and a generic thing in obligations?

    <p>Specific things can be substituted with another of the same kind without consent, while generic things cannot.</p> Signup and view all the answers

    What type of diligence is a debtor required to exercise in preserving a determinate thing?

    <p>Diligence that an average or reasonably prudent person exercises over his property.</p> Signup and view all the answers

    What is the importance of delivering the fruits of a thing in an obligation?

    <p>To maintain the thing in the same condition as when the obligation was contracted.</p> Signup and view all the answers

    How do natural fruits differ from industrial fruits?

    <p>Natural fruits are products of the soil and young animal products, while industrial fruits are manufactured goods.</p> Signup and view all the answers

    Why is it important for debtors to exercise diligence in preserving a determinate thing?

    <p>To avoid damage to the thing to be delivered.</p> Signup and view all the answers

    What distinguishes accessions from accessories in the context of obligations to deliver a determinate thing?

    <p>Accessions refer to the fruits of the thing, while accessories enhance the principal thing.</p> Signup and view all the answers

    In what scenario is a debtor considered liable in fulfilling an obligation to deliver a generic thing?

    <p>If there is fraud or contravention of the tenor of the obligation.</p> Signup and view all the answers

    What constitutes 'mora solvendi' in the context of delay in obligations?

    <p>The delay on the part of the debtor to fulfill his obligation.</p> Signup and view all the answers

    What distinguishes negligence from fraud in the context of fulfilling an obligation?

    <p>Negligence includes bad faith or malice, while fraud is voluntary with no bad faith.</p> Signup and view all the answers

    Why must accessions and accessories be considered in the obligation to deliver a determinate thing?

    <p>Because they are crucial for determining the quality of the thing intended by parties.</p> Signup and view all the answers

    Study Notes

    Nature and Effect of Obligations

    Specific vs. Generic Thing

    • Specific/Determinate: A thing that is particularly designated or physically segregated from others of the same kind, cannot be substituted with another without creditor's consent (Art. 1244 of the Civil Code).
    • Generic/Indeterminate: Refers only to a class or genus, cannot be pointed out with particularity, debtor can give anything of the same class as long as it is of the same kind.

    Duties of a Debtor in Obligation to Give a Determinate Thing

    • Preserve the thing with proper diligence of a good father of a family or that diligence required by law or stipulation of parties.
    • Deliver the fruits of the thing:
      • Natural fruits: Spontaneous products of the soil and the young and animal products (e.g., grass and trees on lands that grow without human labor).
      • Industrial fruits: Produced by lands of any kind because of human labor (e.g., rice, vegetables, bananas, and all products of land brought about by human labor).
      • Civil fruits: Derived by a juridical relation (e.g., rents and similar income).
    • Deliver the accessions and accessories:
      • Accessions: Fruits of the thing or additions to or improvements upon the thing (e.g., house on the land, rent of a building, air conditioner in a car, and dividends accruing from shares of stock).
      • Accessories: Things joined to or included with the principal thing for the latter's embellishment, better use, or completion (e.g., the frame of a picture, the machinery of a factory, and the diamond of a ring).
    • Deliver the thing itself.
    • Answer for damages in case of non-fulfillment or breach of the obligation.

    Duties of a Debtor in Obligation to Deliver a Generic Thing

    • Deliver a thing of the quality intended by the parties considering the purpose of the obligation and other circumstances (Art. 1246, Civil Code).
    • Liable for damages in case of fraud, negligence, or delay in performing his obligation or contravention of the tenor thereof (Art. 1170, Civil Code).

    Fraud vs. Negligence

    • Fraud: The deliberate or intentional evasion of the normal fulfillment of an obligation.
    • Negligence: Any voluntary act or omission, there being no bad faith or malice, which prevents fulfilling an obligation.

    Delay

    • Delay/default: The failure to perform an obligation on time which failure constitutes a breach of the obligation.
    • Kinds of Delay:
      • Mora solvendi: The delay on the part of the debtor to fulfill his obligation.
      • Mora accipiendi: The delay on the part of the creditor to accept the performance of the obligation.
      • Compensatio morae: The delay of the obligors in reciprocal obligations.
    • Requisites of Delay:
      • Failure of the debtor to perform his obligation.

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    Description

    This quiz explores the distinction between specific/determinate and generic/indeterminate things in the context of obligations. Learn about the characteristics and implications of each type of thing in relation to fulfilling obligations as outlined in the Civil Code.

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