Lizarda, Davis B.

302

True or False. If your answer is true, explain why it is true. If your answer is false, rectify or
restate the false statement to make it true.

1. A real right is a power over a specific property and is binding against the whole world as
contradistinguished from a personal right which is a power demandable by one person against
another person for the latter to give, to do or not to do.
Answer: True
Real right is enforceable against the whole world while personal right is enforceable only against
a definite person or group of persons.

2. Personal right is extinguished by the loss or destruction of the thing. Real right is not so
extinguished.
Answer: True
Personal right is when the creditor still has the item, before he/she deliver it, so if it got
destroyed then it is the creditors fault. Real right is when the creditor delivered the item, so the
debtor have full responsibility for it.

3. In real right, there is an active subject and a definite passive subject. On the other hand, there
is one definite active subject and an indefinite passive subject in personal right.
Answer: False
In personal right, there is an active subject and a definite passive subject. On the other hand,
there is one definite active subject and an indefinite passive subject in real right.

4. In all cases, an obligation to deliver a determinate thing is extinguished if the thing is lost due
to a fortuitous event. Whereas, an obligation to deliver an indeterminate thing is not so
extinguished by a fortuitous event.
Answer: True
If its a determinate obligation, then in the happenings of a fortuitous event, the obligation is
extinguished. In case of generic obligation, in the happenings of a fortuitous event, the
obligation is not extinghushed

5. Genus never perishes

Answer: True
Generic thing never perishes. The debtor can find replacement for the lost item, which may
have the same quality or better.

6. The creditor may also resort to action for specific performance against the debtor, even if the
obligation involves the delivery of an indeterminate thing.
Answer: True
A debt is a debt. An obligation is an obligation. Wether it is indeterminate thing or determinate.
7. As a rule, no person shall be responsible for those events which could not be foreseen, or
which, though foreseen, were inevitable. Article 1165 of the New Civil Code is an example of
this general rule.
Answer: True
Article 1165 states that before the delivery was completed, the responsibility for all the things
that are to be sold are in the obligor.

8. Legal delay is the mere failure to perform an obligation at the appointed time.
Answer: False
Ordinary delay is the mere failure to perform an obligation at the appointed time.

9. The obligation to give a determinate thing includes the obligation to deliver all the accessories
and accessions, provided they have been mentioned.
Answer: True
Determinate things are particularly designated or physically segregated fromm all others of the
same class, so the buyer can’t easily find replacement for the missing pieces.

10. If the debtor failed to fulfill the obligation, the same may be done by the creditor himself or
by another person, but at the expense of the debtor. If the obligation was done in violation of the
agreement, the creditor or another person may execute the obligation at the expense of the
debtor. If the performance is poor, the creditor may undo the same at the creditor’s expense.
Answer: True
Article 1167 states that If a person obliged to do something fails to do it, the same shall be
executed at his cost. This same rule shall be observed if he does it in contravention of the tenor
of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.