Part I Obligation to Give (COBLAW1 Obligations Nature) PDF

Part I: Obligation to Give ​(COBLAW1 Obligations Nature) 1. Types of Property: ○ Determinate or Specific Property: Identified individually. ○ Indeterminate or Generic Property: Identified by a class or category (e.g., "Genus nunquam perit" – a generic thing never perish...

Part I: Obligation to Give ​(COBLAW1 Obligations Nature) 1. Types of Property: ○ Determinate or Specific Property: Identified individually. ○ Indeterminate or Generic Property: Identified by a class or category (e.g., "Genus nunquam perit" – a generic thing never perishes). 2. Care of the Property: ○ Debtor must take care of the object using the diligence of a good father of the family unless otherwise required by law or agreement. 3. Delivery of Property: ○ For Specific Property: Deliver 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. ○ For Generic Property: Failure to deliver converts the obligation to indemnity for damages. 4. Obligation to Do: ○ Debtor must perform what is expected or compensate for refusal, poor performance, or breach of the agreement. 5. Obligation Not to Do: ○ Debtor must avoid prohibited actions. Non-compliance may lead to court intervention, allowing the creditor to undo the act or demand damages. Part II: Debtor’s Liability to Creditor​(COBLAW1 Obligations Nature) 1. Performance of Obligation: ○ Irregular vs. Incomplete Performance: These impact liability. 2. 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. 3. Negligence (Culpa): ○ The diligence of a good father of the 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. 4. Future negligence can be waived, unless it involves bad faith. 5. Delay (Mora): ○ Occurs when the debtor fails to perform on time and upon demand by the creditor. Exceptions include: If the law or contract stipulates so. If time is of the essence.  If demand would be futile. 6. Types: ○ Mora Solvendi: Debtor’s is in default. ○ Mora Accipiendi: Creditor’s is in default ○ Compensatio Morae: Both debtor and creditor are in default. 7. Contravention of the Tenor of Obligation: ○ Any defective performance can lead to liability for damages.