Chapter 2

Question 1

What is ART 1163

Answer 1

1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.

Question 2

a good father does not abandon his family, he is always ready to provide and protect his family; ordinary care which an average and reasonably prudent man would do.

Answer 2

DILIGENCE OF A GOOD FATHER

Question 3

right pertaining to person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced.

Answer 3

REAL RIGHT

Question 4

right pertaining to a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.

Answer 4

PERSONAL RIGHT

Question 5

 something which is susceptible of particular designation or specification;  obligation is extinguished if the thing is lost due to fortuitous events.

Answer 5

DETERMINATE THING

Question 6

 something that has reference only to a class or genus;  obligation to deliver is not so extinguished by fortuitous events.

Answer 6

INDETERMINATE THING

Question 7

Three Types of Fruits

Answer 7

Natural, Industrial, and Civil

Question 8

spontaneous products of the soil, the young and other products of animals;

Answer 8

NATURAL

Question 9

produced by lands of any cultivation or labor;

Answer 9

INDUSTRIAL

Question 10

those derived by virtue of juridical relation

Answer 10

CIVIL

Question 11

fruits of the thing or additions to or improvements upon the principal  those which are naturally or artificially attached to the thing

Answer 11

ACCESSIONS

Question 12

things included with the principal for the latter’s embellishment, better use, or completion

Answer 12

ACCESSORIES

Question 13

mere failure to perform an obligation at the appointed time.

Answer 13

ORDINARY DELAY

Question 14

tantamount to non-fulfillment of the obligation and arises after an extrajudicial or judicial demand was made upon the debtor.

Answer 14

LEGAL DELAY (DEFAULT)

Question 15

Kinds of Default

Answer 15

Mora Solvendi, Mora Accipiendi, and Compensatio Morae

Question 16

delay on the part of the debtor to fulfill his obligation;

Answer 16

MORA SOLVENDI

Question 17

delay on the part of the creditor to accept the performance of the obligation;

Answer 17

MORA ACCIPIENDI

Question 18

delay of the obligors in reciprocal obligation.

Answer 18

COMPENSATIO MORAE

Question 19

Four Grounds of Liability

Answer 19

1. Fraud
2. Negligence
3. Delay
4. Contravention of the terms of the obligation

Question 20

deliberate intentional evasion of the faithful fulfillment of an obligation;

Answer 20

FRAUD (dolo) –

Question 21

voluntary act or omission of diligence, there being no malice, which prevents the normal fulfillment of an obligation;

Answer 21

NEGLIGENCE (culpa or fault) –

Question 22

default or tardiness in the performance of an obligation after it has been due and demandable;

Answer 22

DELAY (mora)

Question 23

Two types of Fraud

Answer 23

Incidental and Causal

Question 24

committed in the performance of an obligation already existing because of a contract.

Answer 24

INCIDENTAL FRAUD

Question 25

employed in the execution of contract in order to secure consent; remedy is annulment bec of vitiation of consent.

Answer 25

CAUSAL FRAUD

Question 26

Three Types of Negligence

Answer 26

1. Contractual Negligence 2. Civil Negligence 3. Criminal Negligence

Question 27

Negligence in contractsresulting in their breach

Answer 27

Contractual Negligence (Culpa Contractal)

Question 28

negligence by which by itself is the source of an obligation between the parties not so related before by pre-existin contract

Answer 28

Civil Negligence ( Culpa Aquiliana)

Question 29

committed in the performance of an obligation already existing because of a contract.

Answer 29

Criminal Negligence (Culpa Criminal)

Question 30

the attention and care required of a person in a given situation and is opposite of negligence.

Answer 30

DILIGENCE

Question 31

an occurrence or happening which could not be foreseen or even if foreseen, is inevitable; absolutely independent of human intervention; act of God.

Answer 31

FORTUITOUS EVENT

Question 32

an event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention.

Answer 32

FORCE MAJEURE

Question 33

those events which are common and which the contracting parties could reasonabl foresee

Answer 33

Ordinary Fortuitous Events

Question 34

Those events which are uncommon and which the contracting parties could not have reasonably foreseen

Answer 34

Extra-Ordinary Fortuitous Events

Question 35

contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, etc.

Answer 35

USURY

Question 36

one of the parties delivers to another, money or other consumable thing upon the condition that the same amount of the same kind and quality shall be paid.

Answer 36

SIMPLE LOAN

Question 37

makes the usurers criminally liable if the interest charged on loans are more that the limit prescribed by law.

Answer 37

USURY LAW