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    Chapter 2 (Article 1165) PDF

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    Alyssa Ordeniza
    The document discusses obligations to deliver determinate and indeterminate things. It provides the following key points: 1) For a determinate thing, the creditor can compel delivery and holds the debtor responsible for any fortuitous events until delivery is made. 2) Accessions are additions or improvements to the principal thing, while accessories are things joined to the principal thing. 3) The obligation to deliver a determinate thing includes delivering all its accessions and accessories, even if not mentioned. 4) For an indeterminate thing, the creditor can ask for the obligation to be fulfilled at the debtor's expense.

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    Chapter 2 (Article 1165) PDF

    Uploaded by

    Alyssa Ordeniza
    23 views1 page
    The document discusses obligations to deliver determinate and indeterminate things. It provides the following key points: 1) For a determinate thing, the creditor can compel delivery and holds the debtor responsible for any fortuitous events until delivery is made. 2) Accessions are additions or improvements to the principal thing, while accessories are things joined to the principal thing. 3) The obligation to deliver a determinate thing includes delivering all its accessions and accessories, even if not mentioned. 4) For an indeterminate thing, the creditor can ask for the obligation to be fulfilled at the debtor's expense.

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    CHAPTER 2 (ARTICLE 1165).pdf

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    The document discusses obligations to deliver determinate and indeterminate things. It provides the following key points: 1) For a determinate thing, the creditor can compel delivery and holds the debtor responsible for any fortuitous events until delivery is made. 2) Accessions are additions or improvements to the principal thing, while accessories are things joined to the principal thing. 3) The obligation to deliver a determinate thing includes delivering all its accessions and accessories, even if not mentioned. 4) For an indeterminate thing, the creditor can ask for the obligation to be fulfilled at the debtor's expense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    Chapter 2 (Article 1165) PDF

    Uploaded by

    Alyssa Ordeniza
    The document discusses obligations to deliver determinate and indeterminate things. It provides the following key points: 1) For a determinate thing, the creditor can compel delivery and holds the debtor responsible for any fortuitous events until delivery is made. 2) Accessions are additions or improvements to the principal thing, while accessories are things joined to the principal thing. 3) The obligation to deliver a determinate thing includes delivering all its accessions and accessories, even if not mentioned. 4) For an indeterminate thing, the creditor can ask for the obligation to be fulfilled at the debtor's expense.

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    of 1

    CHAPTER 2
    Paragraph 3 gives 2 instances when a fortuitous event does not exempt the
    debtor from responsibility it likewise refers to a determinate thing.
     An indeterminate thing cannot be the object of destruction by a fortuitous event

    Nature and Effect of Obligations because ”GENUS NUNQUAM PERIT” (GENUS never perishes)

    ARTICLE 1166. The obligation to give a determinate thing includes that of


    ARTICLE 1165. When what is to be delivered is a determinate thing, the creditor, in delivering all its accessions and accessories, even though they may not have been mentioned
    addition to the right granted him by Article 1170, may compel the debtor to make the MEANING OF ACCESSIONS AND ACCESSORIES
    delivery.
     ACCESSIONS – Are the fruits of a thing or additions to or improvements upon
    If the thing is indeterminate or generic, he may ask that the obligation be complied with at the a thing (THE PRINCIPAL)
    expense of the debtor  ACCESSORIES – Are things joined to or included with the principal thing for
    If the obligor delays, or has promised to deliver the same thing to two or more persons who the latter’s embellishment, better use, or completion.
    do not have the interest, he shall be responsible for fortuitous event until he has affected the RIGHT OF CREDITOR TO ACCESSIONS AND ACCESSORIES
    delivery
     The General rule is that all accessions and accessories are considered included in
    REMEDIES OF CREDITOR IN REAL OBLIGATION the obligation to deliver a determinate thing although they may not have been
     In a specific real obligation (OBLIGATION TO DELIVER A DETERMINATE mentioned
    THING), the creditor may exercise the following remedies or rights in case the  This rule is based on the principle of law that the accessory follows the principal
    debtor fails to comply with his obligation:  In order that they will be excluded, there must be stipulation to that effect
     An obligation to deliver the accessions or accessories of a thing does not include
    the latter.

    Demand specific
    Demand rescission or
    performance or
    cancellation (In Demand payment of
    fulfillment (If it is
    certain cases) of the damages only, where
    still possible) of the
    obligation also with a it is the only feasible
    obligation with a
    right to recover remedy
    right to indemnity
    damages
    for damages

     A generic real obligation (OBLIGATION TO DELIVER A GENERIC THING) Can


    be performed by a third person since the object is expressed only according to
    its family or genus.

    WHERE DEBTOR DELAYS OR HAS PROMISED DELIVERY TO SEPARATE


    CREDITORS

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