chapter 2

Question 1

A thing is specific or determinate particularly designated or physically segregated from others of the same class

Answer 1

Specific or determinate thing

Question 2

A thing is generic or determinate when it refers only to a class or genus

Answer 2

Generic or indeterminate thing

Question 3

Specific thing and generic thing distinguished

Answer 3

1. Determinate thing is identified by its individuality and debtor cannot substitute it without the creditor’s consent.
2. Generic thing is identified only by its species and debtor can give anything of the same class and the same kind.

Question 4

Duties of the debtor in obligation to give a determinate thing

Answer 4

1. preserve or take care of the thing
   a. diligence of a good father of a family
   b. another standard care
   c. factors to be considered
   d. reason for debtor’s obligation
2. deliver the fruits of the thing
3. deliver the accessions and accessories
4. deliver the thing itself
5. answer for damages in case of non-fulfillment or breach

Question 5

Duties of the debtor in obligation to give a generic thing

Answer 5

1. To deliver a thing which is of the quality intended
2. To be liable for damages in case of fraud, negligence, or delay

Question 6

Different kinds of fruits

Answer 6

1. natural fruits
2. industrial fruits
3. civil fruits

Question 7

spontaneous products, and young and products of animals

ex. grass; all trees and plants on lands produced without intervention of human labor

Answer 7

natural fruit

Question 8

produced by lands of any kind through cultivation or labor

ex. sugar cane; vegetable; rice brought about by reason of human labor

Answer 8

industrial fruit

Question 9

derived by virtue of a juridical relation

ex. rents of building, price of leases of lands

Answer 9

civil fruit

Question 10

The right or power of a person (creditor) to demand from another (debtor)

Answer 10

personal right

Question 11

The right or interest of a person over a specific thing (ownership, possession, mortgage)

Answer 11

real right

Question 12

Personal right and real right distinguished

Answer 12

1. In personal right there’s a definite active subject and definite passive subject.
   In real right, there’s only a definite active subject.
2. A personal right is binding or enforceable only against a particular person.
   Real right is directed against the whole world.

Question 13

Remedies of creditor in real obligation

Answer 13

1. In a specific real obligation, if in case the debtor fails to comply, the creditor may
   a. demand specific performance or fulfillment (if still possible) with indemnity for damages
   b. demand rescission or cancellation of obligation also with right to recover damagers
   c. demand payment of damages only
2. A generic real obligation, can be performed by a third person since object is expressed only according to its genus.

Question 14

fruits of a thing or improvements upon a thing

Answer 14

accessions

Question 15

things joined to or included with the thing for better use or completion

Answer 15

accessories

Question 16

If debtor fails to perform an obligation to do

Answer 16

creditor has the right to have the obligation performed by someone else and recover damages

Question 17

If the obligation is done in contravention or is poorly done

Answer 17

creditor may order that it be undone if still possible, and recover damages

Question 18

Performance by a third person

Answer 18

1. compelling performance by debtor prohibited
2. indemnification of creditor for damages

Question 19

aka default or mora, is the failure to perform an obligation on time

Answer 19

legal delay

Question 20

Kinds of delay

Answer 20

1. mora solvendi
2. mora accipiendi
3. compensatio morae

Question 21

delay on the part of the debtor

Answer 21

mora solvendi

Question 22

delay on the part of the creditor

Answer 22

mora accipiendi

Question 23

delay of both debtor and creditor

Answer 23

compensatio morae

Question 24

3 conditions before mora solvendi can exist

Answer 24

1. failure to perform obligation on the date agreed upon
2. demand made by creditor upon the debtor to comply with obligation
3. failure of debtor to comply with such demand

Question 25

When demand is not necessary to put debtor in delay

Answer 25

1. when the obligation so provides 2. when the law so provides 3. when time is of the essence 4. when demand would be useless 5. when there is performance by a party in reciprocal obligations

Question 26

What are the grounds for liability?

Answer 26

1. fraud 2. negligence 3. delay 4. contravention of the terms of the obligation

Question 27

deceit or dolo; deliberate or intentional evasion of the normal fulfillment of an obligation

Answer 27

fraud

Question 28

dolo incidente; committed in the performance of an obligation already existing because of contract

Answer 28

incidental fraud

Question 29

dolo causante; fraud employed in the execution of a contract

Answer 29

causal fraud

Question 30

voluntary act of omission which prevents normal fulfillment of an obligation (there being no bad faith or malice) failure to observe for the protection of the interests of another person

Answer 30

negligence

Question 31

violation of terms and conditions stipulated in the obligation without justifiable excuse or reason

Answer 31

contravention of the terms of the obligation

Question 32

Fraud and negligence distinguished

Answer 32

1. In fraud, there's deliberate intention to cause damage. In negligence, there's no such intention. 2. Waiver of the liability for future fraud is void. Such waiver may, in a certain sense, be allowed in negligence. 3. Fraud must be clearly proved. Negligence is presumed from the violation of a contractual obligation. 4. Liability for fraud cannot be mitigated or reduced. Liability for negligence may be reduced.

Question 33

Responsibility arising from negligence

Answer 33

1. discretion of court to fix amount of damages 2. damages where both parties mutually negligent

Question 34

Kinds of negligence

Answer 34

1. contractual negligence 2. civil negligence 3. criminal negligence

Question 35

culpa contractual; negligence in contracts resulting to their breach

Answer 35

contractual negligence

Question 36

culpa aquiliana; negligence by which is the source of an obligation between parties not so related before by any pre-existing contract

Answer 36

civil negligence

Question 37

culpa criminal; negligence resulting in the commission of a crime

Answer 37

criminal negligence

Question 38

Factors to be considered in determining issue of negligence

Answer 38

1. nature of the obligation 2. circumstances of the person 3. circumstances of time 4. circumstances of the place

Question 39

Signify the money compensation awarded to a party for loss or injury

Answer 39

Damages

Question 40

any event which cannot be foreseen, or which, though foreseen, is inevitable

Answer 40

fortuitous event

Question 41

Fortuitous event distinguished from force majeure

Answer 41

1. acts of man: event independent of the will of the obligor but not of other human wills e. war, fire, robbery, murder, insurrection 2. acts of god: totally independent of the will of every human being ex. earthquake, flood, rain, shipwreck, lightning, eruption of volcano

Question 42

Kinds of fortuitous events

Answer 42

1. ordinary fortuitous events 2. extra-ordinary fortuitous events

Question 43

What are ordinary fortuitous events?

Answer 43

common; contracting could reasonably foresee ex. rain

Question 44

What are extra-ordinary fortuitous events?

Answer 44

uncommon; contracting parties could not have reasonably foreseen ex. earthquake, fire, war, pestilence, unusual flood

Question 45

Requisites of fortuitous event

Answer 45

1. event must be independent of the human will or at least the debtor's will 2. event could not be foreseen, or if foreseen, is inevitable 3. event must be of such a character as to render it impossible for the debtor to comply with his obligation in a normal manner 4. debtor must be free from any participation in the injury of the creditor, that is, there's no concurrent negligence on his part

Question 46

Rules as to liability in case of fortuitous event

Answer 46

1. when expressly specified by the law a. debtor is guilty of fraud, negligence, delay, or contravention of tenor of obligation b. debtor has promised to deliver the same thing to two or more persons c. obligation to deliver a specific thing arises from a crime d. thing to be delivered is generic 2. when declared by stipulation 3. when nature of the obligation requires the assumption of risk

Question 47

a contract whereby 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 47

mutuum

Question 48

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

Answer 48

usury

Question 49

Requisites for recovery of interest

Answer 49

1. payment of interest must be expressly stipulated 2. agreement must be in writing 3. interest must be lawful

Question 50

interference of a fact not actually known arising from its usual connection with another which is known or proved

Answer 50

presumption

Question 51

Two kinds of presumption

Answer 51

1. conclusive presumption 2. disputable presumption

Question 52

What is conclusive presumption?

Answer 52

one which cannot be contradicted

Question 53

What is disputable presumption?

Answer 53

can be contradicted or rebutted by presenting proof to the contrary

Question 54

When presumptions in Article 1776 don't apply

Answer 54

1. with reservation as the interest 2. receipt without indication of particular installment 3. receipt for a part of the principal 4. payment of taxes 5. non-payment proven

Question 55

Transmissibility of right

Answer 55

1. prohibited by law 2. prohibited by the stipulation of the parties