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CHAPTER 2

Terms in this set (38)

Article 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
Nature and Effect of Obligation
What is Chapter 2 all about?
*To preserve the thing - diligence
*To deliver the fruits
What are the additional obligations expected on one obliged to give?
Real Obligation
Obligation to give
Specific or Determinate Thing
One which can be
particularly designated or physically segregated
from all others of the same class
Examples of Specific Thing
(1) The watch I am wearing.
(2) The car sold by X.
(3) My dog named "Terror."
(4) The house at the corner of Rizal and Del Pilar
Streets.
(5) The Toyota car with Plate No. AAV 344
Generic or Indeterinate Thing
One which refers
only to a class or genus to which it pertains and
cannot be pointed out with particularity
Examples of Generic Thing
(1) a Bulova calendar watch.
(2) a 2006 model Japanese car.
(3) a police dog.
(4) a cavan of rice
(5) the sum of P10,000.00
Indeterminate Thing
Other term for Generic Thing
Determinate Thing
Other term for Specific Thing
Substitute it with another without the consent of the creditor
What can you not do with the specific thing?
Can give anything of the same class
What can you give when it comes to generic thing?
*Perform act as promise
*Do not substitute
*Diligence of a good father
*Extraordinary/Utmost Care
*Ensure that the thing is delivered at the same condition
Duties of debtor to give a determinate thing
Qualities intended
Duties to give Indeterminate thing
Diligence of a Good Father
Ordinary care which an average person exercises over his own property
Article 1164
The creditor has a right to the fruits of the thing from time to time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
Creditor
Who is entitled to the fruits once the obligation to make delivery arises?
*Natural
*Industrial
*Civil
Kinds of Fruits
Natural Fruit
Fruits produced without the intervention of human labor
Indutrial Fruit
Produced through cultivation and labor
Natural
Example is Natural Resources
Industrial
Examples are Sugar, Rice, etc.
Civil Fruit
Arise from contract; juridical relation.
Civil
Examples are Rent of buildings, price of leases, etc.
*Deliver the thing at the perfection of contract
*Upon arrival of the suspensive condition or period
*Contract sale perfection
*Specified by the law governing it
When obligations to give arises...
Personal Right
Power of the creditor to demand from the debtor the fulfillment of its obligation
Real Right
Right of a person over a specific thing without a definite passive subject
*Right to Specific Performance
*Right to Rescission or Resolution
*Right to damages
Correlative Rights of the Obligee
*Fraud
*Negligence in the performance of an obligation
*Delay or Default
*Any manner in contravention of the tenor of the obligation
Correlative rights to damage due to...
*Right to specific performance
*Right to Recission/Resolution
*Damages for - F, N, D, D, A
Rights of oblige/debtor...
*Specific performance
*To comply even with 3rd person at expense of debtor
*Recission
*Damages
Rights of Obligor/Creditor
Obligor
Other term for creditor
Obligee
Other term for debtor
Article 1165
When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by 1170, may compel the debtor to make the delivery.
Article 1165
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor
Article 1165
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery.
The thing is indeterminate
He may ask that the obligation be complied with at the expense of the debtor.
The thing is determinate
The creditor may compel the debtor to make the delivery
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