Dizon, Angelica C.

A-339

OBLICON

CHAPTER 2 STUDY GUIDE

I. Definitions

1. Generic or indeterminate thing – something that just refers to a class or species and is
neither particularized nor detailed.
2. Personal Right – refers to the legal rights that a person possesses specifically in respect
to the obligations that others have to him and the wrongs that result from their breach
or violation of those obligations.
3. Legal delay or default – the failure to fulfill a duty on time, such failure results in a
violation of the duty.
4. Fortuitous event – an occurrence that cannot be predicted or that, while foreseeable,
cannot be averted.
5. Diligence of a good father of a family – means “ordinary care”. Also, the level of
diligence that each of us should exercise when interacting with others and managing our
affairs.

II. Discussions

1. Give the rules as to the liability of a person for loss or damage resulting from a
fortuitous event.

According to Article 1174, a person is exempt from liability for loss or harm
caused to another as a result of failing to fulfill a duty due to unavoidable circumstances.
Except (1) when expressly provided for by law, such as when the debtor violates the
terms of the obligation or has promised to deliver the same specific or definite thing to
two or more people who do not share an interest in it, or when the obligation to deliver
a specific thing results from a crime, or when the thing to be delivered is generic.
 Additionally, (2) where expressly stated by agreement, and (3) when the nature of the
duty necessitates the assumption of risk.

2. What rights are given by law to the creditor in case the debtor fails to comply with his
obligation to deliver a specific thing?
If the debtor doesn't comply, the creditor is entitled to seek damages and have
the obligation fulfilled by himself or someone else (barring personal reasons) at the
debtor's expense.

3. What are included to be delivered in an obligation to give a definite thing? Explain

them.
Even though they may not have been mentioned, delivering all of an item's
accessions and accessories is part of the obligation to give a specific product. (1097a)
Art. 1167.

4. Suppose the obligation of the debtor is to do something and he fails to do it or

performs it in contravention of the agreement, what are the remedies available to the
creditor?

According to Article 1167, the creditor has the right to (a) have the obligation
completed by himself or by another, unless personal considerations are involved, at the
debtor's expense and (b) to recover damages if the debtor fails to carry out his
responsibility to do so. However, if the duty is carried out improperly or in violation of
its provisions, the court may order its revocation if it is still practicable to do so after
receiving a complaint.

5. Can a debtor be put in delay and consequently, incur liability even without demand
from creditor? Explain.
No. When a creditor doesn't make a demand, it is assumed that he is providing
the debtor a grace period and that the latter is not responsible for any damages.
 6. May an action arising from fraud be waived? Explain.

Any renunciation of a claim for potential fraud in the future is invalid, and
liability resulting from fraud is demandable in all duties.

7. May an action arising from negligence be waived? Explain.

Any obligation also allows for the demand of negligence-related responsibility,
although the court may control this culpability depending on the specifics.

III. Problems

1. S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20.
However, on July 15, S sold again and delivered the horse to T. Who has better right to
Silver?

Art. 1164. From the moment the duty to deliver it emerges, the creditor is
entitled to the thing's fruit. He will not, however, really come into possession of it until it
is handed over to him. (1095). T is more entitled to Silver than B is.

2. S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S did
not deliver the refrigerator on said date. Is S guilty of legal delay?

Art. 1169. Once the oblige legally or extralegally requires them to fulfill their
commitment, those who are required to deliver or accomplish anything experience a
delay. S has delayed the legal process. the debtor's failure to fulfill their due on time is
known as Mora Solendi.

3. S promised to deliver to B a female horse named Suzie on July 10. Suzie gave birth to a
colt on July 5.
a. What are the obligation of S?
 Keep the object.
  Send the results of the thing.
 Deliver the accessories and accessions.
 Send the item itself.
 Respond to claims for damages in the event of non-fulfillment or breach
b. Who has the right to the colt?
S has the right to the colt.
c. Who has lawful owner of Suzie in case it was sold and delivered by S to T on July
8?

T is the lawful owner of Suzie. T has a real right to Suzie.

4. D (debtor) borrowed P20,000 from C(creditor) payable after 1 year? Is D liable to pay
interest?
Usurious transactions are covered by special laws under Art. 1175. If: They
expressly agreed that C may recover a specific amount of interest, then D is obligated to
pay interest to C. Between D and C, there is a written agreement describing the interest.
If there is no agreement on the interest rate each year, the interest payment is void.

5. R(lessor) issued a receipt that E(lessee) has paid the rent for the months of
March,2008. Can R still collect 5. from E the rents for January and February,2008?
It is presumed that the interest has been paid when the creditor receives the
principal without making a reservation regarding it, according to Art. 1176. Yes, R can
still demand payment from E for the rent due for January and February 2008.