Kinds of thing

1. Specific thing
2. Generic thing
Specific thing and generic thing distinguished
Duties of a debtor to give a determinate thing
Duties of a debtor to give a generic thing
Kinds of fruits
1. Natural fruits
2. Industrial fruits
3. Civil fruits
When the obligation to deliver fruits arises
Kinds of rights
1. Personal right
2. Real right
Personal right and real right distinguished
Remedies of creditor in real obligation
Accessions and accessories distinguished
Right of creditor to accessions and accessories
Failure of the debtor to do
Remedies of the creditor in positive personal obligation
Remedies of a creditor in a negative personal obligation
Performance of a third person
Delay
Distinction of an ordinary delay and legal delay
Kinds of delay or default
1. Mora solvendi
2. Mora accipiendi
3. Compensation morae
Requisites of delay or default by the debtor
Effects of delay
When demand is not necessary to put debtor in delay
1. When obligation so provides
2. When 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
Grounds for liability
Fraud and negligence distinguished
Responsibility arising from fraud demandable
Waiver of action for fraud
Fault or negligence
Kinds of negligence
1. Contractual negligence
2. Civil negligence
3. Criminal negligence
Factors to be considered for negligence
1. Nature of the obligation
2. Circumstances of person
3. Circumstances of time
4. Circumstances of place
Responsibility arising from negligence demandable
Waiver of action for negligence
Measure of liability for damages
Kinds of diligence required
Fortuitous event
Distinctions of fortuitous event
1. Acts of man
2. Acts of God
Kind of fortuitous event
1. Ordinary fortuitous event
2. Extra-ordinary fortuitous event
Requisites for fortuitous event
Rules as to liability in case of fortuitous event
1. When expressly specified by law
2. When declared by stipulation
3. When the nature of obligation requires the assumption of risk
Usurious transactions
Simple loan or mutuum
Usury
Requisites to recover interest
Presumption
Kinds of presumption
1. Conclusive presumption
2. Disputable (or rebuttable) presumption
When presumptions do not apply
Remedies available to creditors for the satisfaction of their claim
Transmissibility of rights
1. Prohibited by law
2. Prohibited by stipulation of the parties
3. If the obligation is purely personal