Question
subject: LAW ON OBLIGATIONS Give an example and illustration 1. Delicts - acts or omissions punishable by law. NOTE: Every person criminally liable is civilly
subject: LAW ON OBLIGATIONS
Give an example and illustration
1. Delicts - acts or omissions punishable by law. NOTE: Every person criminally liable is civilly liable. NOTE: However, there are offenses and special crimes without civil liability (treason, rebellion, illegal possession of firearm, gambling - they do not affect private rights)
2.Obligations "To Give." Determinate - when the object is particularly designated or physically segregated from all others of the same class Generic - when the object is designated merely by its class or genus without any particular designation. NOTE: Every person obliged to give something is also obliged to take of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (Art. 1163, NCC)
3. When does the obligation to deliver the thing arise? It depends. From the time designated by the provisions of the Civil Code or of special laws creating them (If obligation arises from law, quasi-contracts, quasi-delicts and delicts) From the moment of the perfection of the contract (If obligation arises from a contract) Exception: when the obligation is subject to a suspensive condition (obligation to deliver only arises from the moment the condition is fulfilled)
4. Kinds of Fruits. Natural Fruits - spontaneous products of the soil and the young and other products of animals. Industrial Fruits - produced by land of any kind through cultivation or labor. Civil Fruits - the result of a juridical relation such as the rent of the building, price of lease of land and other property and the amount of perpetual or life annuities.
5. When does the creditor have a right to the fruits of a determinate thing? The creditor has the right to the fruits of a thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the thing has been delivered to him. (Art. 1164, NCC)
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