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Questions and Answers
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?
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?
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What happens when an obligor does what has been explicitly forbidden in an obligation?
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Which party incurs in delay first in reciprocal obligations?
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What are the different sources from which obligations can arise?
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Which type of obligations are not presumed according to the text?
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How should obligations arising from contracts be complied with?
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Under what conditions will obligations arising from quasi-contracts be governed?
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How are civil obligations arising from criminal offenses governed according to the text?
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What governs obligations derived from quasi-delicts according to the text?
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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.
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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.
