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1. Define or give the meaning of the following: a. Generic or indeterminate thing It is a thing that a debtor is responsible to give to the creditor; it cannot be substituted with a thing that is as same kind or quantity of it. It refers to a class wherein it cannot be specified from other things of the same class. b. Personal right It is our right or our power to voice out things that we know that our rights. For example, a child is abused by his parents. It’s his right to demand or he has the right to demand for what is right. c. Legal delay or default It means failure to accomplish or do/ perform his obligation on time which results to violating or breaking the law or the agreed legal contract. d. Fortuitous event It is an inevitable event, meaning it is impossible to avoid. It is an occurrence of something unexpected and cannot be foreseen, and even foreseen is unable to avoid since it is inevitable. e. Diligence of a good father of the family. In obligation, it means that the obligor is required or has the duty to put care or take every of his actions or anything that he has to give with care, like in materials, it looks like that he should handles it like he owns it. 2. What rights are given by law to the creditor in case the debtor fails to comply with the obligation to deliver a specific thing? The creditor may take or bring actions to the court, since he has the right. Also, taking actions to the court or any legal ways of handling the situation can prevent the debtor to run away from his obligation. 3. What are included to be delivered in an obligation to give a definite thing? Explain. According to the Article 1166, the obligation to give a determinate thing includes the delivery of all accessions and accessories even though they may not have been mentioned. For instance, a person is obliged to replace a remote control toy car because he broke it after borrowing it. Since he is liable for it, he must give it or replace it, both the toy car with its remote control because the toy car (accession) cannot be used or played without the controller (accessories). What are the remedies of the creditor in case of breach of an obligation to deliver a determinate thing?When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
What are the remedies of the obligee creditor in an obligation to give a determinate thing?The only remedy of the creditor is to have the obligation executed by another at the expense of the debtor or ask for damages. Moreover, the obligor cannot substitute others to perform his obligation to do without the consent of the obligee (creditor) because the obligation is personal in nature.
What are the rights of the creditor in an obligation to give a generic thing?It must also be noted that the creditor cannot demand a thing of superior quality; neither can the debtor deliver a thing of inferior quality. [4] To refuse delivery of a thing different in kind or quality, although of the same value as, or more valuable than that which is due (Article 1244).
What are the remedies of an oblige if the obligor fails to perform his obligation to do?If a person obliged to do something fails to do it, the same shall be executed at his cost. Article 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.
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What are the remedies of the obligee creditor in an obligation to deliver a generic thing?
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