CHAPTER II

I.
1. GENERIC THING OR INDETERMINATE - one which is identified only by its species,
fulfillment can still be compelled to the debtor as it can be found from the same genus
/class.
2. PERSONAL RIGHT - Vested before the delivery of obligation, Enforceable against only
to the debtor , the right to demand the prestation, to give , to do and not to do against a
passive subject.
3. LEGAL DELAY / DEFAULT - the fulfillment of the prestation is beyond due / or not on
time resulting in a breach of obligation.
4. FORTUITOUS EVENT -anything which could be foreseen or if foreseen are inevitable.It
could be an act of God or an act of Man . It could be ordinary( could reasonably foresee
and common ) or extraordinary fortuitous events( uncommon and could not have
reasonably foreseen).
5. DILIGENCE OF A GOOD FATHER OF A FAMILY - ordinary care required , or how a
prudent person will take care of his property.
II.

1. RULES AS TO LIABILITY OF A DEBTOR IN CASE OF FORTUITOUS EVENTS-

All are exempted from liability in case of fortuitous events unless stated by the law
(a. when the debtor is guilty of fraud , negligence , and delay or contravention of tenor
b. Delivery to 2 or more person without same interest
c. Obligation arises from crime
d. If the the obli, is to deliver a generic thing)
, by stipulation and when nature of obli requires assumption of risk

2. CREDITOR’S RIGHT ; DELIVER A SPECIFIC THING

demand specific performance + right to indemnity for damages
demand rescission + right to recover for damages
demand for damages only , if it is the only feasible way

3. To give a definite thing , automatically includes all its accessions and accessories .The
former pertains to additional things or fruits of thing or improvements upon a thing while
the latter is attached or included to the principal thing for better usage or experience.

4. a. Ask for the fulfillment of the obligation at debtor’s expense ( 3rd person/ the creditor
himself unless there are personal considerations)
b. Undone what is done at debtor’s expense ( by the court upon complaint )

5. Yes, when demand is an exception like;

a. Time is of essence
b. Obligation so provides
c. law so provides
 d. demand would be useless
e. Compensatio Morae- when in reciprocal obligation which requires simultaneous
fulfillment of obli, one party has already fulfilled his obligation and when the other
party is not.
6. Yes. Waiver of action for past fraud is valid , it could be seen as an act of
forgiving/magnanimity/ generosity on the part of the debtor. What is renounced is the
effect of fraud which is the right for indemnity and this must be clearly stated by the
obligee that he intends to give up his right against the obligor.

7. Yes . Negligence arising from future event is waived , if it is expressly stipulated or have
been agreed by both party unless it is a common carrier or if the law prohibits some
circumstances because it really requires extraordinary diligence and if the negligence
shows bad faith
III.
1. T has the right to silver especially when T has acted upon good faith because Silver has
been delivered to T , thus has acquired the ownership or has the real right against B . B
is only entitled for damages against S.

2. S is only guilty of ordinary delay , as there has been no demand stated yet by B in order
to declare that the obligation is breached. The period makes it only demandable at that
time. The circumstances that tell demand is not necessary are also absent in this case.
3. a. To deliver a specific thing with its fruits ; A female horse named Suzie with its colt .
b. B has the right to colt. The debtor has the right over the fruits from the time the
obligation has been constituted.The creditor will only have the right against the colt if it
was born before the establishment of obligation.
c. T will become the lawful owner of Suzie for he has received the ownership against B .
B is only entitled for damages against S.

4. D will be only liable for interest if the interest is clearly stipulated, the agreement is in
writing , and the interest is lawful.

5. No. The presumption governs. It is presumed that the payment for the later date covers
the payment for the earlier dates unless it is paid without reservation to specific dates.