Personal and Real Rights Overview
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Personal and Real Rights Overview

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Questions and Answers

What is the primary characteristic of a personal right in contrast to a real right?

  • It can be enforced against multiple parties.
  • It applies exclusively to real property.
  • It involves a definite passive subject.
  • It is only binding on a particular person. (correct)

    • How can ownership and other real rights be acquired according to the content?

  • Exclusively by purchase transactions.
  • Through verbal agreements and personal arrangements.
  • Only through delivery.
  • By law, donation, testate succession, or certain contracts. (correct)

    • In the context of a delivery in sale, what happens when the sold item is determined?

  • The buyer must wait for a definitive agreement to take possession.
  • The creditor can deny the claim until verification occurs.
  • The ownership is transferred from the vendor to the vendee. (correct)
  • The seller remains the owner until payment is made.

    • What does Article 1170 empower the creditor to do regarding the delivery of a thing?

    <p>Enforce the delivery of the sold item at the debtor's expense.</p> Signup and view all the answers

    What distinguishes real rights from personal rights based on the presentation?

    <p>Real rights are directed against the whole world.</p> Signup and view all the answers

    What is the nature of responsibility arising from fraud in obligations?

    <p>It is demandable in all obligations.</p> Signup and view all the answers

    In terms of negligence, what distinguishes contractual negligence from civil negligence?

    <p>Contractual negligence involves an employer's liability.</p> Signup and view all the answers

    Which of the following statements about waiver in liability is accurate?

    <p>Waiver may be regulated by the courts in some cases.</p> Signup and view all the answers

    What is a key characteristic of criminal negligence?

    <p>It results in the commission of a crime.</p> Signup and view all the answers

    How does the court approach the measure of damages in cases of negligence?

    <p>The court can fix the measure of damages at its discretion.</p> Signup and view all the answers

    Which type of negligence does not have a prior contract?

    <p>Civil negligence</p> Signup and view all the answers

    What can be said about mutual negligence?

    <p>It requires extraordinary diligence by each party.</p> Signup and view all the answers

    What is a defining feature of aquiliana obligations?

    <p>They arise from civil wrongs or quasi-delicts.</p> Signup and view all the answers

    When both contract and law are silent, what legal principle applies regarding the degree of care required?

    <p>The greater the risk, the greater the degree of care required.</p> Signup and view all the answers

    What must be proven by a party claiming an obligation in a legal dispute?

    <p>The person alleging must prove their claims.</p> Signup and view all the answers

    What is a fortuitous event in the context of obligations?

    <p>An extraordinary event that cannot be foreseen or avoided.</p> Signup and view all the answers

    Under what conditions is a person not responsible for unforeseeable events?

    <p>Except in cases expressly specified by law.</p> Signup and view all the answers

    Which type of event is classified as an 'act of God'?

    <p>An earthquake independent of human actions.</p> Signup and view all the answers

    What characterizes an event that is 'independent of the will of the obligor'?

    <p>It cannot be anticipated or controlled by the obligor.</p> Signup and view all the answers

    Which of the following is NOT an example of a fortuitous event?

    <p>A robbery that could have been prevented with better security.</p> Signup and view all the answers

    What is typically true regarding extraordinary risks?

    <p>They demand a higher degree of care from the responsible party.</p> Signup and view all the answers

    What does the Central Bank Circular No. 905 specifically address regarding interest?

    <p>It states that high interest rates can be declared illegal.</p> Signup and view all the answers

    Which of the following best defines the term 'conclusive presumption' in the context of debt payments?

    <p>A presumption that cannot be contradicted or overturned.</p> Signup and view all the answers

    Under which condition is Article 1176 inapplicable?

    <p>When there is an expressed reservation.</p> Signup and view all the answers

    What action is NOT listed as a remedy available to creditors after pursuing a debtor's property?

    <p>Filing criminal charges</p> Signup and view all the answers

    Which type of debt presumption can be rebutted with proof to the contrary?

    <p>Disputable presumption</p> Signup and view all the answers

    What is the legal consequence of receiving a later installment of a debt without any reservation?

    <p>It raises a presumption that previous installments have been paid.</p> Signup and view all the answers

    Which of the following factors does NOT contribute to the establishment of legal remedies for creditors?

    <p>The payment history of the debtor.</p> Signup and view all the answers

    What is the presumption regarding installments in relation to previous payments?

    <p>Payments are assumed to be made if a later installment is received.</p> Signup and view all the answers

    Which of the following is explicitly prohibited by law among the identified exceptions?

    <p>Partnership</p> Signup and view all the answers

    What type of gratuitous contract is mentioned as an exception?

    <p>Commodatum</p> Signup and view all the answers

    In the context of group activity instructions, what is expected of the group representative?

    <p>To rename themselves to their group's number</p> Signup and view all the answers

    Which of the following activities must a group complete within a specified time limit?

    <p>Come up with an answer</p> Signup and view all the answers

    What must the group do after the time limit for answering is reached?

    <p>Send their answer to the Zoom chat</p> Signup and view all the answers

    What is a potential prohibition based on stipulation of parties?

    <p>Specific terms agreed upon by both parties</p> Signup and view all the answers

    Which statement best reflects the nature of agency in contractual exceptions?

    <p>Relies on the actions of an appointed representative</p> Signup and view all the answers

    What is required from group members in terms of communication?

    <p>Set up a Facebook Messenger group</p> Signup and view all the answers

    Study Notes

    Personal and Real Rights

    • Personal Right is binding against a specific person
    • Real Right is directed against the whole world
    • Personal Right has a definite active and passive subject
    • Real Right only has a definite active subject

    Ownership

    • Ownership and other Real Rights are acquired by law, donation, succession, or contracts.
    • Delivery is required for the transfer of ownership, especially in sales contracts.
    • Indeterminate or Generic things can be complied with at the expense of the debtor.

    Negligence

    • Contractual Negligence arises from a prior contract, with prior existing obligations
    • Civil Negligence (aquilana) arises from tort or quasi-delict, not a source of obligation
    • Criminal Negligence results in the commission of a crime.

    Diligence

    • Diligence is the degree of care required, which is higher for greater risk.
    • Extraordinary Risk demands Extraordinary Diligence.

    Fortuitous Events

    • Fortuitous Event is an extraordinary event that is impossible to foresee or avoid.
    • Acts of Man are independent of the obligor's will (e.g., fire, war, robbery).
    • Acts of God are independent of every human being's will (e.g., earthquake, flood).
    • Obligor is not liable for Fortuitous Events unless they are related to Usury Laws (excessive interest).

    Presumptions

    • Presumption is the inference of a fact not actually known.
    • Conclusive Presumption cannot be contradicted or overturned.
    • Disputable Presumption can be rebutted with proof to the contrary
    • Receipt of a later installment without reservation presumes previous installments have been paid.

    Remedies For Creditors

    • Creditors can pursue the debtor's property, exercise their rights, and bring actions to satisfy their claims.
    • Exceptions: prohibited by law (partnerships, agencies, gratuitous commodatum) or stipulation of parties.

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    Description

    Explore the distinctions between personal and real rights, ownership principles, and the nuances of negligence. This quiz covers essential legal concepts relevant to contracts and the duties of care. Test your understanding of these critical aspects of law.

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