Article 1165

Question 1

Whan what is to be delievered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery

Answer 1

Article 1165

Question 2

What does Article 1165 talk about?

Answer 2

• Remedies of creditor in real obligation
• Where debtor delays or has promised delivery to seperate creditors

Question 3

In a specific real obligation….
The creditor may exercise the following remeidies or rights in case of the debtor fails to comply with his obligation

Answer 3

• demand specific performance or fulfillment of the obligation witha right to indemnity for damages
• Demand rescission or cancellation with a right to recover damages
• Demand payment of damages only where it is the only feasbile remedy

Question 4

In an obligation to deliever a determinate thing only the…….

Answer 4

debtor can comply with the obligation. the creditor is granted the right to compel the debtor to make the delievery

Question 5

The law does not mean that the creditor can use _______ or _______ upon the debtor the creditor must bring……

Answer 5

force or violence

• the matter to court and the court will be the one to order the delivery

Question 6

what is a generic real obligation?

Answer 6

It is where the creditor has the right to recover damages under article 1170 in case of breach or vioaltion of the obligation

Question 7

An indeterminate thing cannot be the object of destruction by a fortuitious events because

Answer 7

genus nunquam meaning (genus never perishes)