Question
Ronie has an obligation to deliver to Luis the brand new XRM Honda motorcycle on May 15, 2022. Discuss the legal consequence ifon May 10,
Ronie has an obligation to deliver to Luis the brand new XRM Honda motorcycle on May 15, 2022.
Discuss the legal consequence ifon May 10, 2022, the thing to be delivered:
- Lost or completely destroyed before its delivery?
- Deteriorated before its delivery?
Explain eachsix (6) situations that the obligor may be demanded to pay even before the arrival of the due dateof his obligation.
(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor;
(4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case;
(5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor;
(6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.
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