Obligations and Remedies in Civil Law

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18 Questions

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

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

The creditor

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

It is strictly prohibited.

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

When parties undergo rescission, what is required by law?

Parties must return to each other what they have received.

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

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

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

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

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

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

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

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

Preserve the thing

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

A thing of the intended quality agreed upon by the parties

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

Damages and compensation

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

Obtain fruits only after delivery

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

No, without consent from B

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

Damages for breach and negligence

Explore the concept of obligations and remedies in civil law, including the right to demand rescission, cancellation, or payment of damages as a remedy. Learn about the obligation to deliver a determinate thing and the rights granted to creditors and debtors.

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