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).