Obligations and Remedies in Civil Law

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What remedy can a creditor demand if the debtor refuses to deliver a determinate thing?

Rescission or cancellation of the obligation with a right to recover damages (correct)

Demand a change in the obligation

Forceful taking of the thing

Demand payment of damages only

In an obligation to deliver a determinate thing, who is granted the right to compel the debtor to make the delivery?

The court

The creditor (correct)

The debtor

A third party

What does the law specify regarding a creditor's use of force or violence upon the debtor for delivery?

It is at the discretion of the creditor.

It depends on the value of the item.

It is allowed in certain cases.

It is strictly prohibited. (correct)

What action can Mr. B take if Engr. S refuses to deliver the machine as agreed?

Bring an action for fulfillment or rescission of the obligation with payment of damages Signup and view all the answers

When parties undergo rescission, what is required by law?

Parties must return to each other what they have received. Signup and view all the answers

For a generic real obligation, who can perform the obligation since the object is expressed only according to its family or genus?

A third person Signup and view all the answers

In a specific real obligation, what remedy can the creditor exercise if the debtor fails to comply with the obligation?

Demand specific performance with right to indemnity for damages Signup and view all the answers

If the thing to be delivered under an obligation is generic or indeterminate, what remedy can the creditor seek?

Request compliance at the debtor's expense Signup and view all the answers

In case the same thing is promised by the obligor to multiple persons with different interests, what is the obligor responsible for until delivery is made?

Fortuitous events Signup and view all the answers

When what is to be delivered is a determinate thing, what right does the creditor have if the debtor delays compliance?

Right to demand specific performance Signup and view all the answers

What right does the creditor have if a fortuitous event occurs during the delay in the obligor's delivery?

Right to hold obligor responsible for such events Signup and view all the answers

In a specific real obligation, what additional right does the creditor have besides demanding fulfillment of the obligation?

Right to refuse any alternative performance offered by the debtor Signup and view all the answers

What duty does the obligor have in an obligation to give a determinate thing?

Preserve the thing Signup and view all the answers

In an obligation to deliver a generic thing, what must the debtor provide?

A thing of the intended quality agreed upon by the parties Signup and view all the answers

In case of non-fulfillment or breach, what can the creditor require from the debtor?

Damages and compensation Signup and view all the answers

What right does the creditor have concerning the fruits of the thing in an obligation?

Obtain fruits only after delivery Signup and view all the answers

Can the obligor substitute the specific watch to be delivered with another watch?

No, without consent from B Signup and view all the answers

What must the obligor be liable for in an obligation to give a generic thing?

Damages for breach and negligence Signup and view all the answers