What Is A Generic Thing?

What is a generic obligation?

A generic term for any type of legal duty or liability.

It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform.

An absolute obligation is one for which no legal alternative exists since it is an unconditional duty..

What is the meaning of Article 1163?

1163 Every Person obliged to give something is also obliged to take care of it with proper diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care. …

What is a thing considered lost?

1. When is a thing considered lost? It is understood that the thing is lost when it perishes, disappears, or goes out of commerce in which such thing no longer exist and cannot be recovered. The loss of the thing due applies to both real obligations (to give) and personal obligations (to do).

What are the classification of condition?

Conditions are classified by the read/write system state property: read conditions read system state but do not write system state, for example time, location and system load. write conditions write system state and may read system state, for example, payment.

What is the meaning of Article 1158?

To be demandableArticle 1158 refers to legal obligations or obligations arising from law. They are not presumed because because they are considered a burden upon the obligor. … To be demandable, they must be clearly set forth in the law, i.e., the Civil Code or special laws.

What is determinate thing in law?

Determinate thing and generic thing A thing is determinate when it is particularly designated or physically segregated from all others of the same class. (Art. 1460) It is determinate or specific if it is distinct from all others and can individually be classified or determined.

What is obligation and examples?

The definition of an obligation is something that someone is required to do. An example of obligation is for a student to turn in his homework on time every day.

What is the effect of loss of a generic thing?

Loss of Generic Thing the debtor can deliver a thing of the same class/type as the one lost, which may be of superior quality but not of inferior quality. the creditor can demand a thing of the same class/type as the one lost, which may be of inferior quality but not of superior quality.

What is the meaning of Article 1164?

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. By: Kristia Capio. Artikulo 1164.

What are the five sources of obligation?

Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.

What are the different kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation. … Section 6: Obligation with a Penal Clause. … Section 2: Obligations with a Period. … Section 3: Alternative Obligation. … Section 4: Joint and Solidary Obligations. … Section 5: Divisible and Indivisible Obligation.

What are the 4 elements of obligation?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.

What are the 3 kinds of prestation?

according to the nature of the prestation:Personal obligation – the prestation is to do or not to do an act: Positive obligation – to do an act. Negative obligation – not to do an act.Real obligation – the prestations is to give or deliver a thing: Determinate obligation – to deliver a determinate thing.

What is the meaning of Article 1156?

obligationARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do. ( n) Meaning of obligation. The term obligation is derived from the Latin word “obligatio” which means a “tying” or “binding.”

What are accessions and accessories?

Accession is anything attached to the principal thing either naturally or artificially (magagamit pa rin ang principal thing whether or not may accession). Accessory is anything that is necessary for the perfection, use, and preservation of a thing (if wala yung accessory, hindi magagamit yung thing).

What is moral obligation?

MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfill. 2. These obligations are of two kinds 1st. Those founded on a natural right; as, the obligation to be charitable, which can never be enforced by law.

What is natural obligation?

NATURAL OBLIGATION, Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enforced in a court of justice.

What is Mora Accipiendi?

MORA ACCIPIENDI (mora of the creditor) – the delay of the obligee or creditor to accept the delivery of the thing which is the object of the obligation. … -the fulfilment requires the act of cooperation on the part of the creditor. -that the debtor has done what is incumbent upon him. -refusal by creditor.

How are obligation extinguished?

1156 CC says that obligations are extinguished when the thing due is lost. was validly constituted but impossibility arises after the constitution. obligation becomes impossible, the obligation shall be extinguished and the debtor liberated. the thing due is lost while in his possession.