What are the obligations of the person who is obliged to deliver a determinate thing?

What are the obligations of the person who is obliged to deliver a determinate thing?

An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.

What is the remedy of the creditor if debtor fails to perform his obligation to deliver a determinate thing?

Further, under Article 1262 of the Civil Code, an obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.

What must be delivered when the obligation consists of a the delivery of a specific thing b the delivery of a generic thing?

If the subject of an obligation is the delivery of a specific thing, the person making performance must deliver the thing in connection in which it is at the same time when delivery is to be made.

What is determinate and indeterminate things?

Specific or Determinate thing. -particularly designated or physically segregated others of the same class. -identified by its INDIVIDUALITY. Generic or Indeterminate thing. -refers only to a class or genus and cannot be pointed out with particularity.

What are the remedies available to the creditor?

Remedies available to Creditors- a brief explanation

• Attachment of Earnings. You can ask the court to send an order to the person’s employer, to take money from wages to pay the debt.
• Freeze assets or money in an account.
• Charge the person’s land or property.
• Send bailiffs to collect payment.

What are the different kinds of obligations?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…

• Section 1: Pure and Conditional Obligation.
• Section 6: Obligation with a Penal Clause.
• Section 2: Obligations with a Period.
• Section 3: Alternative Obligation.
• Section 4: Joint and Solidary Obligations.
• Section 5: Divisible and Indivisible Obligation.

What are the remedies of a creditor in positive personal obligations?

What are the remedies in personal obligations?

• Positive personal obligations. a. not purely personal act-to have obligation executed at debtor’s expense plus damages.
• Negative personal obligation. -to have the prohibited thing undone plus damages.

How can an obligation be extinguished as provided by law?

Obligations are extinguished: (1) By payment or performance; (2) By the loss of the thing due; The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.

What are the elements of an obligation?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.

What is a determinate?

1 : having defined limits a determinate period of time. 2 : definitely settled a determinate order of precedence. 3 : conclusively determined : definitive a determinate answer.

What are the distinctions between confusion and compensation as modes of extinguishing an obligation?

What are the distinctions between confusion and compensation as modes for extinguishing an obligation? According to Article 1278, confusion involves only one person who is a creditor and debtor himself. While in compensation, there are two or more persons involved, each of whom is a debtor and a creditor of the other.

What is the means of remedies?

1 : a medicine, application, or treatment that relieves or cures a disease. 2 : something that corrects or counteracts. 3 : the legal means to recover a right or to prevent or obtain redress for a wrong.

What are the requisites that a thing be determinate?

The requisites that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties. A thing is determinate or specific when it is distinct from all others of the same class.

When is an obligee entitled to the fruits?

However, he shall acquire no real right over it until the same has been delivered to him. (1095) •General rule: The creditor or obligee, in an obligation to deliver a determinate thing, is entitled to the fruits from the time the obligation to deliver arises. *When does the obligation to deliver the thing and the fruits arise?

How is a contract not a determinate thing?

Apollo obligates himself to sell all of the cattle in a particular farm to Artemis for a specific sum of money. If at the formation of the contract Apollo did not specify the farm, or if he owns several farms, then the object of the contract is not determinate. The contract therefore is null and void.

Which is an example of a determinate thing?

Determinate thing A thing is determinate or specific when it is distinct from all others of the same class. A determinate thing is distinct because of its individuality. Examples of a determinate thing are: the laptop you are viewing this website on, your car (if you own only one), the lot on 443 Sto. Cristo, Guagua, Pampanga.