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  • Condition of The Thing Effect

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    Leticia Acedera
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    This document outlines the effects on obligations when the condition of a thing changes, stating that if a thing is lost without the debtor's fault, the obligation is extinguished, but the creditor may seek damages if loss is the debtor's fault. It also notes that if a thing deteriorates without debtor fault, the creditor bears the impairment, but can seek rescission with damages or fulfillment with damages if deterioration results from debtor fault. Finally, any improvement inures to the creditor's benefit if natural, or the debtor only has usufructuary rights if the improvement was at the debtor's expense.

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    This document outlines the effects on obligations when the condition of a thing changes, stating that if a thing is lost without the debtor's fault, the obligation is extinguished, but the creditor may seek damages if loss is the debtor's fault. It also notes that if a thing deteriorates without debtor fault, the creditor bears the impairment, but can seek rescission with damages or fulfillment with damages if deterioration results from debtor fault. Finally, any improvement inures to the creditor's benefit if natural, or the debtor only has usufructuary rights if the improvement was at the debtor's expense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    2 views1 page

    Condition of The Thing Effect

    Uploaded by

    Leticia Acedera
    This document outlines the effects on obligations when the condition of a thing changes, stating that if a thing is lost without the debtor's fault, the obligation is extinguished, but the creditor may seek damages if loss is the debtor's fault. It also notes that if a thing deteriorates without debtor fault, the creditor bears the impairment, but can seek rescission with damages or fulfillment with damages if deterioration results from debtor fault. Finally, any improvement inures to the creditor's benefit if natural, or the debtor only has usufructuary rights if the improvement was at the debtor's expense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    Condition of the Thing

    Effect

    Lost*

     Without fault of the


    debtor Obligation is extinguished

     Fault of the debtor


    Obligation to pay damages

    Deteriorates

     Without fault of the


    debtor The impairment is borne by the creditor

    The creditor may choose to rescind with


     Fault of the debtor
    indemnity for damages, or have it fulfilled, but still
    with indemnity for damages

    Improvement

     By its nature
    Inures to the benefit of the creditor

     At the expense of the


    The debtor shall have no other right than that
    debtor
    granted to the usufructuary.

    *It is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way
    that its existence is unknown or it cannot be recovered.

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