What is the standard of care known as the diligence of a good father of a family ?

It is the standard of ordinary diligence that a person must exercise in the performance of an obligation, requiring the care that a reasonably prudent person would use under the same circumstances.

How does a specific obligation differ from a generic obligation regarding the object of delivery?

A specific obligation involves a determinate object that cannot be substituted without consent, while a generic obligation involves an indeterminate object defined only by its class or genus.

What are the three main classifications of fruits in civil law?

Natural fruits: Spontaneous products of the soil and young of animals. Industrial fruits: Produced by lands through cultivation or labor. Civil fruits: Derived from juridical relations, such as rent or lease fees.

What are the three categories of delay (mora) in obligations?

Mora solvendi: Delay on the part of the debtor. Mora accipiendi: Delay on the part of the creditor. Compensatio morae: Delay on the part of both parties in a reciprocal obligation.

What are the requisites for a debtor to be considered in mora solvendi ?

The obligation must be: Due and demandable. Liquidated (the amount is certain). The creditor has made a judicial or extrajudicial demand.

What does the principle of accessions dictate regarding the principal object?

The principle states that the accessory follows the principal ; meaning that everything produced by, incorporated into, or attached to a principal thing belongs to the owner of that principal thing.

What is the primary difference between fraud (dolo) and negligence (culpa) in the context of breach?

Fraud (dolo) is the deliberate and intentional act of causing damage, whereas negligence (culpa) is a voluntary act or omission that results in damage without any malicious intent.

Can a debtor be held liable for a fortuitous event ?

Generally, no; however, a debtor remains liable if they are already in delay , if the nature of the obligation requires the assumption of risk, or if the law or contract specifically provides for liability despite the event.

What is accion pauliana as a remedy for a creditor?

Accion pauliana is a legal action available to creditors to rescind or annul contracts executed by a debtor in fraud of their rights, particularly when the debtor disposes of assets to avoid payment.

When is specific performance not a viable remedy for a creditor?

Specific performance is not viable when the obligation is of a personal and specific nature —such as hiring a unique artist or professional—where the identity of the performer is central to the contract.

How is accion subrogatoria utilized by a creditor?

Accion subrogatoria allows a creditor to exercise all the rights and bring all the actions that the debtor may have against third parties to satisfy the debt, except for those inherent to the debtor's person.

What does it mean for a right to be a personal right compared to a real right ?

A personal right is a power to demand performance from a specific person, while a real right is a power over a specific object that is enforceable against the entire world.

Why is the demand requirement critical in establishing mora solvendi ?

The demand serves as a formal notice that the creditor expects performance; without it, the debtor is not legally in default, except in cases where the law or contract explicitly states that demand is unnecessary.

How is negligence classified based on its source?

Negligence can be classified as: Contractual: Arising from the breach of an existing contract. Civil: Also known as quasi-delict or tort. Criminal: Resulting from an act or omission punishable under penal law.

What constitutes a fortuitous event in legal terms?

A fortuitous event is an event that could not have been foreseen, or which, though foreseen, was inevitable, thereby rendering it impossible for the debtor to fulfill their obligation.

Legal Foundations Of Obligations And Contractual Breach Remedies Flashcards

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Flashcard Sets

Legal Foundations of Obligations and Contractual Breach Remedies

This deck explores the core principles of civil law obligations, including debtor duties, classification of delay, and legal remedies for contractual breach.

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by @dayan

Q: What is the standard of care known as the diligence of a good father of a family?

Q: How does a specific obligation differ from a generic obligation re...

Q: What are the three main classifications of fruits in civil law?

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