Podcast
Questions and Answers
What is the primary duty of the debtor in relation to specific property?
What is the primary duty of the debtor in relation to specific property?
Which type of negligence results in a crime?
Which type of negligence results in a crime?
What happens when there is a failure to deliver generic property?
What happens when there is a failure to deliver generic property?
What term describes the debtor's delay in fulfilling an obligation?
What term describes the debtor's delay in fulfilling an obligation?
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What is Culpa Aquiliana commonly known as?
What is Culpa Aquiliana commonly known as?
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Which of the following is NOT a consequence of fraud in obligations?
Which of the following is NOT a consequence of fraud in obligations?
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What is Mora Accipiendi?
What is Mora Accipiendi?
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What is the duty of care expected from a debtor?
What is the duty of care expected from a debtor?
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Study Notes
Types of Property
- Determinate or Specific Property: Individually identified (e.g., a specific car)
- Indeterminate or Generic Property: Identified by a class or category (e.g., "a sack of rice")
Care of Property
- Debtors must take care of the object using the diligence of a good father of a family unless otherwise required by law or agreement.
Delivery of Property
- Specific Property: Includes fruits, accessories, and accessions (natural, industrial, civil fruits). Failure to deliver allows the creditor to demand delivery or substitute the debtor's obligation at their expense.
- Generic Property: Failure to deliver converts the obligation to indemnity for damages.
Obligation to Do
- Debtor must perform as promised or compensate for refusal, poor performance, or breach of the agreement.
Obligation Not to Do
- Debtor must avoid prohibited actions. Non‐compliance may lead to court intervention. The creditor can undo the act or demand damages.
Performance of Obligation
- Irregular Performance: Affects liability.
- Incomplete Performance: Also affects liability.
Fraud (Dolo)
- Causal Fraud: Induces the other party to give consent, resulting in voidable contracts.
- Incidental Fraud: Committed during the performance of the obligation, leading to damages.
- Fraud already committed can be waived, but future fraud cannot be waived.
Negligence (Culpa)
- Diligence of a good father of a family is required.
- Culpa Contractual: Negligence in the performance of contractual obligations.
- Culpa Criminal: Negligence resulting in a crime.
- Culpa Aquiliana: Quasi-delict or tort, leading to civil liability.
Delay (Mora)
- Occurs when the debtor fails to perform on time and upon demand by the creditor.
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Exceptions:
- If the law or contract stipulates so.
- If time is of the essence.
- If demand would be futile.
Types of Delay
- Mora Solvendi: Debtor's delay.
- Mora Accipiendi: Creditor's delay.
- Compensatio Morae: Both debtor and creditor are in delay.
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Description
This quiz covers essential concepts of property law, including types of property, care responsibilities, delivery obligations, and the debtor's duties. Test your knowledge on both specific and generic properties, as well as the legal implications of obligations. Perfect for law students and those interested in legal principles!
