Obligation L2 Flashcards
A ______ is identified by its individuality and the debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor.
Specific/Determinate Thing
A _____ is identified only by its specie and debtor can give anything of the same class as long as is of the same kind
Generic/Indeterminate Thing
These are the obligation of the Debtor/Obligor to give a determinate thing except:
a. To preserve or take care of the thing due
b. to deliver the fruits of the thing
c. To compel specific performance
d. To deliver the thing itself
e. To answer the damages in case of non-fulfillment of breach
c. To compel specific performance
These are the obligation of the Debtor/Obligor to deliver a generic thing except:
a. To be liable for damages in case of fraud, negligence, delay, in the performance of his obligation, or contravention of the tenor thereof.
b. To ask that obligation be complied with at the expense of the debtor
c. To deliver a thing which is of the quality intended by the parties taking into consideration and other circumstances
b. To ask that obligation be complied with at the expense of the debtor
These are the Rights of Creditor in ____________ Obligation
1. To compel specific performance
2. To demand rescission or cancellation of the obligation (in reciprocal obligation); and
3. To recover damages in case of breach of the obligation
Right of Creditor in Specific Real Obligation
These are the Rights of Creditor in ___________ Obligation
1. To ask for performance of the obligation
2. To ask that the obligation be complied with at the expense of the debtor; and
3. To recover damages in case of breach of the obligation
Right of Creditor in Generic Real Obligation
The debtor must exercise diligence to ensure that the thing to be delivered would subsist in the same condition as it was when the obligation was contracted.
Obligation to take care of the thing due
Is the care, caution; attention and care required from a person in a given situation
Diligence
Is the diligence reasonably expected from and ordinarily exercised by a person who seeks to satisfy a legal requirement or to discharge obligation.
Due Diligence
Is the extreme care that a person of unusual prudence exercise to secure rights or property
Extraordinary Diligence
Diligence required in Real Obligation- Diligence of a good father of the family - In obligation to give (real obligation), the obligor has the incidental duty to take care of the thing due with the diligence of a good father of a family pending delivery. (Ordinary care/Diligence)
General Rule
However, if the law or stipulation of the parties provides for another standard of care (slight or extraordinary diligence), said law or stipulation must prevail)
Exception
_____ is a mode of acquiring ownership whereby the object or possession of the vendee, either actually or constructively.
Delivery
This is delivered by physically placing the thing sold in the hands of the vendee (in case of movables) or physically placing it in his possession and control (in the case of immovable)
Actual or real delivery
An act that amounts to a transfer of title by operation of law when actual transfer is impractical or impossible
Constructive of legal delivery