AcctngEd 03

ASSIGNMENT 1

Name: Audrey Gayle C. Gervacio

Course: BSMAC 1 D

True or False. Briefly explain your answer.

True A civil action is one which a party sues another for the enforcement or

protection of a right, or the prevention or redress of a wrong.

False There is negotiorum gestio when the property or business is not neglected

or abandoned. (False because there will only be a negotiorum gestio

when a property or business is neglected or abandoned).

True An obligation “to give” is a prestation which consist in the delivery of a

movable or an immovable thing.

False There is negotiorum gestio when the manager has been tacitly authorized

by the owner. (False because negotorium gestio is not applicable when

the manager has been tacitly authorized by the owner).

True An obligation “to do” includes all kinds of work or service.
True For every right enjoyed by any person, there is a corresponding obligation

on the part of another person to respect such right.

False Diligence is the failure to observe that degree of care, precaution and

vigilance that the circumstances justly demand. (False because it should

be negligence).
True A right is a power, privilege, or immunity guaranteed under a constitution,

statute or decisional law, or recognized as a result of long usage,

constitutive of a legally enforceable claim of one person against the other.

True Obligations arising from contracts have the force of law between the

contracting parties and should be complied with in good faith.

False A defendant is the party who brings a civil suit in a court of law. He is the

person who files the complaint in court. (False because the party who

brings a civil suit in a court of law is called a plaintiff).

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Answer the following:

Why is an obligation considered a juridical necessity?

An obligation is a juridical necessity because, in the event of non-compliance, the

courts of justice may be relied upon to enforce its fulfillment or, in the absence of

that, the economic value that it represents. People can disregard duties with ease

if they are not made enforceable. It may only be a natural responsibility if one

cannot enforce a legal commitment.

When is the obligation considered personal?

An obligation is considered a personal obligation when the subject matter is an act

to be done or not to be done.

What are the duties of a person who is obliged to give a determinate thing?
Every person obliged to give something is also obliged to take care of it with the

proper diligence of a good father of a family, unless the law or the stipulation of

the parties requires another standard of care.

When does the creditor acquire a real right over the thing?
The creditor has the right to the fruits of the thing from the time the obligation to

deliver it arises. Ownership over the thing though, is only required when such an

object is delivered to him.

What are the different kinds of fruits in law?

Natural Fruits - the spontaneous products of the soil, and the young and other

products of animals.
Industrial Fruits - those produced by lands of any kind through cultivation or labor.
Civil Fruits - those derived by virtue of a juridical relation. (Example: rents of

buildings, leases of land).

Distinguish personal right from real right.

A personal right stem from a relationship between two people, the one having an

obligation for performance in favour of the other. On the other hand, a real right

constitutes a relationship between a person and a legal object over which they

have a right. In simple terms, a real right is a right that a person has to an object,

whereas a personal right is a right that a person has against another.

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Answer the following:

What are the remedies of the creditor in case the debtor fails to deliver the

determinate thing he has promised to deliver?

When what is to be delivered is a determinate thing, the creditor, in addition to the

right granted him by Art 1170, may compel the debtor to make the delivery.

What are the remedies of a creditor in case of non-fulfillment of an obligation to

deliver a generic thing?

If the thing is indeterminate or generic, he may ask that the obligation be complied

with at the expense of the debtor.

Distinguish accessions from accessories.

Accessions are the fruits of a thing or additions to or improvements upon the thing

(principal). Accessories are things joined to or included with the principal thing for

the latter's embellishment, better use, or completion.

What are the remedies of the creditor in positive personal obligation?

Remedies of creditor in:
POSITIVE PERSONAL obligation
To have the obligation performed by himself or by another (third-person) at the

debtor's expense.
To recover damages
NEGATIVE PERSONAL obligation
The duty of the obligor is to abstain from an act
There is no specific performance
The very obligation is fulfilled in not doing what is forbidden.
The debtor cannot be guilty of delay
the remedy of the obligee is the undoing of the forbidden thing plus damages.

What are the remedies of the creditor in case the debtor fails to deliver the

determinate thing he has promised to deliver?

When what is to be delivered is a determinate thing, the creditor, in addition to the

right granted him by Art 1170, may compel the debtor to make the delivery.
 AcctngEd 03
Answer the following:

What are the remedies of a creditor in case of non-fulfillment of an obligation to

deliver a generic thing?

If the thing is indeterminate or generic, he may ask that the obligation be complied

with at the expense of the debtor.

Distinguish accessions from accessories.

Accessions are the fruits of a thing or additions to or improvements upon the thing

(principal). Accessories are things joined to or included with the principal thing for

the latter's embellishment, better use, or completion.

What are the remedies of the creditor in positive personal obligation?

Remedies of creditor in:
POSITIVE PERSONAL obligation
To have the obligation performed by himself or by another (third-person) at the

debtor's expense.
To recover damages
NEGATIVE PERSONAL obligation
The duty of the obligor is to abstain from an act
There is no specific performance
The very obligation is fulfilled in not doing what is forbidden.
The debtor cannot be guilty of delay
the remedy of the obligee is the undoing of the forbidden thing plus damages.

What is legal delay?

Failure to perform an obligation on time which constitutes a breach of the

obligation.

What are the requisites of legal delay?

Obligation must be due, demandable and liquidated;
Debtor fails to perform his positive obligation on the date agreed upon;
A judicial or extra-­‐judicial demand made by the creditor upon the debtor to fulfill,

perform or comply with his obligation; and

Failure of the debtor to comply with such demand. Note: In reciprocal obligations,

the moment one party is ready to comply with his obligation, delay by the other

begins. There is no need for demand from either party.

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Answer the following:

When is a debtor considered in delay?

The debtor incurs in delay from the time the obligee judicially or extrajudicially

demands from them the fulfillment of their obligation but the debtor fails to

perform his obligation.

When is demand not necessary for delay to exist?

In a situation where a debtor defaults on his payment of a loan, the law requires

that a demand has to be made by the creditor before the debtor can be

considered delayed on his payments, except if the contract itself provided that

no demand is necessary for delay to exist.

In case of reciprocal obligations, when is a party considered to be in delay?

In reciprocal obligations, neither party incurs in delay if the other does not comply

or is not ready to comply in a proper manner with what is incumbent upon him.

From the moment one of the parties fulfills his obligation, delay by the other

begins.

Distinguish casual fraud from incidental fraud?

Causal Fraud – Fraud employed at the time of the execution of a contract in order

to secure consent, remedy is annulment because of vitiation of consent.

Incidental Fraud – committed in the performance of pre-existing obligation,

remedy is damages.

Define the following:

Fraud - refers to acts intended to swindle someone. In essence, it's the use of

intentional deception for monetary or personal gain.

Negligence - Negligence describes a situation in which a person acts in a careless

(or "negligent") manner, which results in someone else getting hurt or property

being damaged.
Fortuitous event - A fortuitous event under Article 1174 may either be an “act of

God,” or natural occurrences such as floods or typhoons, storms, earthquakes or

other cataclysmic events; or an “act of man,” such as riots, strikes, wars,

governmental prohibitions, robbery, etc.

Delay - refers to the period within which a party to a suit must take some action,

such as perfecting an appeal or responding to a written-discovery request.

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Answer the following:

What are the two kinds of presumptions under the law?

Rebuttable presumption -A rebuttable presumption is one that can be disproved

by evidence to the contrary.

Conclusive presumption - A conclusive presumption is one in which the proof of
certain facts makes the existence of the assumed fact beyond dispute. The

presumption cannot be rebutted or contradicted by evidence to the contrary.

What are the remedies of the creditor against the debtor in case the latter does not

comply with his obligation?

In cases where the obligor breached his/her obligation, s/he shall be liable for

damages.
If the obligation to give a specific thing is breach by the debtor, the creditor may

either compel the debtor to make delivery (specific performance)

or rescind.

What is meant by transmissibility of rights?

Subject to such laws, all rights acquired by virtue of an obligation are

transmissible. Heirs shall reliable only to the extent of what they stand to inherit.