What are specific things?
Determindate meaning it has its own characteristics that is unique from others.
What are generic or indeterminate things?
Pertains to objects that is has a common characteristics from others
This means that it can be substitued from others.
Duties of debtor in generic things
a. To care for it like a good father of a family or another standard of care based on law or contract
b. deliver the fruits of the thing (Art. 1164)
c. deliver accesions and accesories
d. to pay for damages if guilty of fraud, negligence, delay or contravention of the terms.
Art. 1164- the creditor has a personal right from the time of obligation but shall have no real life until the good is delivered.
Personal right- a right to own between the obligor and obligee
Real right- right to own from anyone
What are natural fruits?
Those the are produce of soil and animals
What are industrial fruits?
Produced by lands through cultivation or labors.
What are civil fruits?
Income derived from a property
What are accessions?
Fruits of the thing or improvements of the principal
Ex: House or trees on land, rents of a building
What are accesories?
things joined to the principal
it is necessary to use the principal
Ex: Keys of a house
Remedies and rights of creditor in specific thing
a. Ask for specific performance
b. Demand for rescission or cancellation
c. Demand payment for damages only, when it is the feasible remedt
All of these are alternative
Remedies and and rights of creditor in generic thing
a. Ask for obligation
b. Ask a substitution performance from a third person, or the creditor can perform it by himself (with the debtor bearing the expenses)
Causal Fraud
fraud in obtaining consent.
Dolo causente
Incidental Fraud
fraud in obtaining performance of the obligation
