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TRADITIO LONGA MANU = delivery with long hand

= A species of delivery which takes place where the transferor places the
article in the hands of the transferee, or, on his order, delivers it at his house
(EXAMPLE: i give to you the umbrella that you bought from me)
TRADITIO BREVI MANU = Delivery with short hand. A species of constructive
or implied delivery. When he who already holds possession of a thing in
another's name agrees with that other that thenceforth he shall possess it in
his own name, in this case a delivery and redelivery are not necessary.
(EXAMPLE: you are renting a house & lot, thereafter you bought that same
house you are renting. There is no need to deliver it to you coz you already
hold the house and lot, although in the capacity of an "owner" now and no
longer a "lessee".)
Traditio Longa Manu- by mere consent /agreement. If the movable sold
cannot yet be transferred to the possession of the buyer at the time of the
sale. (1499)
Traditio Brevi Manu- if the buyer had already the possession of the object
even before the purchase. (lessee becomes owner )
TRADITIO CONSTITUTUM POSSESSORIUM = Continues possession. Here the
seller, after the sale, retains possession of the article acting as agent on
behalf of the buyer.
(EXAMPLE: you buy from me a night gown for you to use in your Christmas
party. you don't take the gown with you, you still leave it with me and I
continue to have possession of the gown so that I can alter or change the
measurement of the gown to fit your vital statistics.)
Obligation a juridical necessity to give, to do, or not to do.
A juridical relation whereby a person (creditor) mat demand from another
(debtor) the observance of a determinate conduct, and in case of breach may
obtain satisfying from the assets of the latter.
Quasi-contracts- Those juridical relations arising from lawful, voluntary and
unilateral acts, by virtue of which the parties become bound to each other
based on the principle that no one shall be unjustly enriched or benefited at
the expense of another.
Negotiorum gestio arises whenever a person voluntarily takes charge of
the agency or management of the business or property of another without
any power or authority from the latter.
Solutio Indebiti arise when a person unduly delivers a thing through
mistake to another who has no right to demand it.
Quasi delicts An act or omission by a person (torteasor) which causes
damage to another giving rise to an obligation to pay for the damage doner,
there being fault or negligence but there is no pre-existing contractual
relation between the parties (art 2176).

Negligence failure to observe for the protection of the interest of another


person, that degree of care, precaution and vigilance which the
circumstances justly demand, whereby such other person suffers injury.
Determinate or specific object is particularly designated or physically
segregated from all other of the same class.
Generic object is designated merely by its class or genus.
Limited generic thing when the generic objects are confined to a particular
class, e.g. an obligation to deliver one of my cars,
Jus ad rem a right enforceable only against a definite person or group of
persons.
Jus in re a right enforceable against the whole world.
Default or Delay Non- fulfillment of the obligation with respect to time.
Mora solviendi- delay of the debtor to perform his obligation.
Mora accipiendi- delay of the creditor to accept the delivery of the thing
which is the object of the obligation.
Fraud Deliberate and intentional evasion of the fulfillment of an
obligation.
Implies some kind of malice or dishonesty and it cannot
cover cases of mistake and errors in judgment made is good faith.Diligence of
Good Father of a Family reasonable diligence which an ordinary prudent
person would have done under the same circumstances.
Fortuitous event an event which could not be foreseen or which though
foreseen was inevitable.
Accion subrogatoria to be subrogatred to all the rights and action of the
debtor save those which are inherent in his person.
Accion paulina impugn all the acts which the debtor may have done to
defraud them.
Pure obligation One whose effectivity is subrogated to the fulfillment or
non-fulfillment of a condition or upon the expiration of a condition or upon the
expiration of a term or period and is demandable at once.
Conditional obligation one whose effectivity is subrogated to the
fulfillment or nonfulfillment of a future and uncertain fact or event.

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