Obligation MID ACT. 2 - assignment for finals. PDF

Preview

Summary

assignment for finals....

Description

Sofia Marie Villaluna BA-3A

1. In ART. 1165, what right, in addition to the right granted him by ART. 1170, when what is to be delivered is a determinate thing, or indeterminate or generic thing? What if the obligor delays, or has promised to deliver the same thing to two or more persons?  2. What are the remedies or rights may the creditor exercise in case the debtor fails to comply with his delivery a determinate thing? How about in the delivery of indeterminate or generic thing? 

In obligation to do, the obligor (debtor) cannot be forced to perform his obligation as it will constitute an involuntary servitude. The only remedy of the creditor is to have the obligation executed by another at the expense of the debtor or ask for damages. In delivery of indeterminate o generic thing KULANG PA

3. May a person be imprisoned for non-payment of debt? Explain. 

No one will be imprisoned for not paying the debt, because according to the republic of the Philippines they need to have an agreement on when to repay the loan and If he does not pay on time or on the appointed day, the borrower will be handed over to the barangay.

4. In ART. 1166, what is included in the obligation to give a determinate thing? Differentiate between accessions and accessories. 

In ART. 1166, what is included in the obligation to give a determinate thing? --- DKO GETS



Accessions- are the fruits of o additions to, or improvements upon a thing (the principal), house or trees on a land; rents of a building; air conditioner in a car; profits or dividends accruing from shares of stocks.



Accessories- are things joined to, or included with, the principal thing for the latter’s embellishment, better use, or completion, key of a house; frame of a picture; bracelet of a watch; machinery in a factory; bow of a violin.

5. What is the right of creditor to accessions and accessories? Explain accession as a right. 

Right of creditor to accessions and accessories- the general rules is that accessions and accessories are considered included in

the obligation to deliver a determinate thing although they may not have been mentioned. 

Accession as a right means- The ownership of a thing, whether it be real or personal, movable or immovable, carries with it the right to all that the thing produces, and to all that becomes united to it, either naturally or artificially; this is called the right of accession.

6. Explain the provisions of ART 1167 and give the situations contemplated in this ARTICLE. 

Art. 1167- In this article



Situations contemplated are: 1. The debtor fails to perform an obligation to do; or 2. The debtor performs an obligation to do but contrary to the terms thereof; or 3. The debtor performs an obligation to do but in a poor manner.

7. What are the remedies of creditor in positive personal obligation? 1. If the debtor fails to comply with his obligation to do the creditor has the right: a. To have the obligation performance by himself, or by another unless personal considerations are involved, at the debtor’s expense; and b. To recover damages. ( Art. 1170) 2. In case the obligation is done in contravention of the terms of the same or is poorly done; it may be ordered (by the court) that it be undone if it is still possible to undo what was done....