30 Questions
What does a common carrier, under the law, have the obligation to do?
Use extraordinary diligence in carrying passengers safely.
What is the right of accession as described in the text?
The right of the owner over the products of a thing and its attachments.
What types of fruits are mentioned under the Civil Code as products of a thing?
Natural Fruits, Industrial Fruits, and Commercial Fruits.
What is the consequence if B does not pay for A's horse that later gives birth to a colt?
A owns the colt if B has not paid for the horse.
What type of damages can be imposed in case of breach due to delay, fraud, negligence, or contravention of tenor?
Moral Damages
What right does the obligee have in an obligation to give a specific thing according to the text?
To compel specific performance with indemnification for damages.
In what situation can a buyer compel a seller to deliver the specific property purchased?
If the seller delivers a property different from what was purchased.
What are the duties of a debtor in an obligation to give an indeterminate or generic thing?
Deliver a thing neither of superior nor inferior quality
In an obligation to give an indeterminate or generic thing, what are the rights of the creditor?
Recover damages in case of breach
What can the obligee (creditor) do if the obligor fails to perform a positive personal obligation?
Substitute performance at the cost of the obligor
When can a creditor hold an obligor responsible for any fortuitous event?
When two creditors have different interests in the same property
What can a debtor be held liable for in an obligation to give an indeterminate or generic thing?
Damages in case of breach due to delay, fraud, negligence, or contravention
If an obligor delays, what are the rights of the creditor?
To recover damages until delivery is effected
In an obligation to do something, what remedy does the obligee have if it is done poorly?
Substitute performance at the cost of the obligor
What is a determinate or specific thing?
A thing that is particularly designated or physically segregated from others of the same class
In the context of obligations to give a determinate thing, what is the obligation of the obligor once the payment is made?
To deliver the specific property as agreed
What standard of care is typically required from the obligor regarding a determinate thing?
Ordinary diligence
What type of diligence is expected under ordinary diligence for a determinate thing?
Diligence of a good father of family
Which standard of care has been equated with ordinary care for dealing with a determinate thing?
Diligence of a good father of family
What are examples of a determinate or specific thing?
The car sold by Juan dela Cruz
What distinguishes a determinate thing from others within the same class?
It is specifically designated or physically segregated
What is the main difference between obligations to give and obligations to do?
The obligee can compel the obligor to comply in obligations to give but not in obligations to do.
In the context of negative personal obligation (obligation not to do), what is the obligee's remedy if the obligor violates the agreement?
To have the act undone at the expense of the obligor and ask for damages.
In the case of A and B where B failed to construct a building as agreed, what is A's course of action according to the text?
A can construct the building with another contractor at B's expense.
In the example of Letty and Maria, what is Letty's negative personal obligation?
Not to construct a house taller than 5 meters.
What action can Juan take if Pedro constructs a fence in violation of their agreement?
Bring an action in court to have the fence removed at Pedro's expense.
What is the primary difference between positive and negative personal obligations?
Positive personal obligations involve doing something, while negative personal obligations involve refraining from doing something.
What is the consequence if an obligor fails to comply with a positive personal obligation?
The obligee can compel specific performance from the obligor.
If an obligor does what has been forbidden in a negative personal obligation, what right does the obligee have according to Art. 1168?
'To have the same undone at the expense of the obligor.'
What is one significant limitation mentioned regarding obligations to do in the provided text?
'The obligee cannot force specific performance.'
Test your knowledge on the rights of the creditor and obligor in a property transaction scenario, including entitlement to rental fees and responsibilities in case of delay. Example scenario involving purchase of a house and lot in Tagaytay.
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