Podcast
Questions and Answers
What standard of care is an obligor obliged to provide to the thing they are obligated to deliver?
What standard of care is an obligor obliged to provide to the thing they are obligated to deliver?
When does the creditor acquire a real right over the thing that is obligated to be delivered?
When does the creditor acquire a real right over the thing that is obligated to be delivered?
What happens if the obligor delays in delivering a determinate thing to the creditor?
What happens if the obligor delays in delivering a determinate thing to the creditor?
In what circumstances does an obligor incur in delay without the need for a demand from the creditor?
In what circumstances does an obligor incur in delay without the need for a demand from the creditor?
Signup and view all the answers
What happens when an obligor does what has been explicitly forbidden in an obligation?
What happens when an obligor does what has been explicitly forbidden in an obligation?
Signup and view all the answers
Which party incurs in delay first in reciprocal obligations?
Which party incurs in delay first in reciprocal obligations?
Signup and view all the answers
What are the different sources from which obligations can arise?
What are the different sources from which obligations can arise?
Signup and view all the answers
Which type of obligations are not presumed according to the text?
Which type of obligations are not presumed according to the text?
Signup and view all the answers
How should obligations arising from contracts be complied with?
How should obligations arising from contracts be complied with?
Signup and view all the answers
Under what conditions will obligations arising from quasi-contracts be governed?
Under what conditions will obligations arising from quasi-contracts be governed?
Signup and view all the answers
How are civil obligations arising from criminal offenses governed according to the text?
How are civil obligations arising from criminal offenses governed according to the text?
Signup and view all the answers
What governs obligations derived from quasi-delicts according to the text?
What governs obligations derived from quasi-delicts according to the text?
Signup and view all the answers
Study Notes
Standard of Care
- An obligor is required to provide a standard of care that is ordinary and reasonable for the preservation and protection of the thing obligated to be delivered.
Real Right Acquisition
- A creditor acquires a real right over the thing upon the perfection of the obligation, typically coinciding with the handing over or delivery of the item.
Delay in Delivery
- If the obligor delays in delivering a determinate thing, they may be liable for damages resulting from the delay, and the creditor may seek legal remedies.
Obligor's Delay Without Demand
- An obligor incurs delay without the need for a creditor's demand when the delivery date is fixed or when the obligor has been notified that the thing is ready for delivery.
Forbidden Actions
- If an obligor performs actions explicitly forbidden in an obligation, they can be held accountable for breach of contract and may be liable for damages.
Delay in Reciprocal Obligations
- In reciprocal obligations, the party that fails to perform their duty first incurs delay, affecting their rights in the relationship.
Sources of Obligations
- Obligations can arise from various sources, including contracts, quasi-contracts, torts (delicts), and law.
Presumption of Obligations
- Certain types of obligations, such as those based on moral obligations or general customs, are not presumed and require explicit articulation.
Compliance with Contractual Obligations
- Obligations from contracts should be complied with according to the specific terms agreed upon by the parties involved, ensuring both parties' interests are respected.
Conditions for Quasi-Contracts
- Obligations arising from quasi-contracts will be governed by principles of equity and fairness when the law does not provide a specific rule.
Civil Obligations from Crimes
- Civil obligations that arise from criminal offenses are governed by applicable criminal laws and may entail restitution to the victim.
Quasi-Delict Obligations
- Obligations derived from quasi-delicts are governed by civil law principles focusing on liability and damages due to wrongful acts causing harm.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on the general provisions of obligations and contracts as outlined in Book IV, Title I of the Civil Code. Explore the different sources from which obligations arise and their legal implications.
