15 Questions
What are industrial fruits?
Fruits produced by lands of any kind due to human labor
What is the difference between accessions and accessories?
Accessions are improvements upon the thing, while accessories are for embellishment.
What is the legal principle that justifies including accessions and accessories in the obligation to deliver a determinate thing?
Accessory follows the principle principle
In the context of obligations to deliver a generic thing, what does a debtor need to consider regarding the quality of the thing?
The quality intended by the parties and other circumstances
What is the key difference between fraud and negligence with regard to fulfilling an obligation?
Fraud cannot be mitigated or reduced by courts, while negligence may have reduced liability.
What is the key difference between a specific and a generic thing in obligations?
Specific things can be substituted with another of the same kind without consent, while generic things cannot.
What type of diligence is a debtor required to exercise in preserving a determinate thing?
Diligence that an average or reasonably prudent person exercises over his property.
What is the importance of delivering the fruits of a thing in an obligation?
To maintain the thing in the same condition as when the obligation was contracted.
How do natural fruits differ from industrial fruits?
Natural fruits are products of the soil and young animal products, while industrial fruits are manufactured goods.
Why is it important for debtors to exercise diligence in preserving a determinate thing?
To avoid damage to the thing to be delivered.
What distinguishes accessions from accessories in the context of obligations to deliver a determinate thing?
Accessions refer to the fruits of the thing, while accessories enhance the principal thing.
In what scenario is a debtor considered liable in fulfilling an obligation to deliver a generic thing?
If there is fraud or contravention of the tenor of the obligation.
What constitutes 'mora solvendi' in the context of delay in obligations?
The delay on the part of the debtor to fulfill his obligation.
What distinguishes negligence from fraud in the context of fulfilling an obligation?
Negligence includes bad faith or malice, while fraud is voluntary with no bad faith.
Why must accessions and accessories be considered in the obligation to deliver a determinate thing?
Because they are crucial for determining the quality of the thing intended by parties.
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.
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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