Determinate thing and generic thing

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August undefined, 2024

Web13 Specific thing and generic thing distinguished. (1) A determinate thing is identified by its individuality. The debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor. (Art. 1244) (2) A generic thing is identified only by its specie. Web2. Generic. or Indeterminate. refers only to a class or genus to which it pertains and cannot be pointed. out with particularity. EXAMPLES: a) a Bulova calendar watch b) the sum of …

⇉Obligations and Contracts Essay Example GraduateWay

WebThe following are rights of the creditor in obligations to give a generic thing [1] To demand the debtor to comply with the obligation to deliver the thing (Article 1165); [2] To demand … Web54. In an obligation to deliver a determinate thing, what degee of diligence shall be exercised by the obligor or debtor in the preservation of the determinate or specific or delimited generic thing? a. Extraordinary diligence unless the law or the stipulation of the parties requires another standard of care. b. Diligence of a father of a good family unless … can spine problems cause headaches

Rights, duties in obligations to give a generic thing

WebDemand payment of damages Generic Real Obligation – obligation to deliver a generic thing 1. Recover damages in case of breach or violation. Where Debtor Delays or Has Promised Delivery to Separate Creditors Instances when a fortuitous event does not exempt the debtor to the responsibility: 1. It is a determinate thing. 2. Genus never ... WebJul 31, 2024 · In this video, you will learn about the different kinds of obligations. This video will also tell you the difference between a generic thing and a specific t... WebSpecific or Determinate Thing - one which can be particularly designated or physically segregated from all others of the same class. ... The Toyota car with Plate No. AAV 344. Generic or Indeterminate Thing - one which refers only to a class or genus to which it pertains and cannot be pointed out with particularity. EXAMPLES: (1) a Bulova ... flare get activation code

In an obligation to deliver a determinate thing what - Course …

Article 1165 Obligations and Contracts

Web2. Generic or Indeterminate refers only to a class or genus to which it pertains and cannot be pointed out with particularity . -it is identified only by its specie - the debtor can give anything of the same class as long as it is of the same kind. *Duties of debtor in obligation to give a determinate thing 1. Preserve the thing a. Web(1) A determinate thing is identified by its individuality. The debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the … flare gateway code toolkitWebNature and Effect of Obligations Determinate Thing and Generic Thing Ø A thing is determinate when it is particularly designate or physically segregated from all others of the same class. Ø Why do we need to know whether a thing is determinate or generic? As a rule, the loss of a determinate thing through a fortuitous event extinguishes the ... flare gateway code

"Web61.What is the remedy of the creditor in the case the debtor or obiigor fails to comply with his obligation to deliver an indeterminate or generic thing? a. Action for rescission of the obligation. b. He may file an action for specific perfomance with darnages only. c. " - Determinate thing and generic thing

Determinate thing and generic thing

Notes Art.1165-.pdf - REMEDIES OF CREDITOR IN REAL...

WebDeliver the thing itself. Answer for damages in case of non-fulfillment or breach. 9.2.3. DUTIES OF DEBTOR TO DELIVER A GENERIC THING. Deliver a thing of equal quality as agreed upon. To be liable of damages in case of fraud, negligence, or delay in the performace of the obligation. 9.2.4. DIFFERENT KINDS OF FRUITS. WebFeb 7, 2024 · The terminology of determinables and determinates stems from ancient and scholastic treatment of the definition of a species, as analyzable into two parts: a genus, …

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WebA generic thing is identified only by its SPECIE. Duties of the debtor in obligation to give a determinate thing (5) (1) Preserve the thing. (2) Deliver the fruits of the thing. (3) Deliver the accessions and accessories. (4) Deliver the thing itself. (5) Answer for damages in case of non-fulfillment or breach. WebFeb 20, 2024 · An obligation to deliver a determinate thing as a general rule is extinguished if the thing is lost due to fortuitous events. Whereas an obligation to …

WebBased on your own understanding, define and distinguish SPECIFIC(determinate) thingfrom GENERIC(indeterminate) thing. A … WebAug 25, 2013 · The purpose of the obligation and other circumstances shall be taken into consideration. y Creditor may ask for compliance by 3rd person at debtorƎs expense; action for substituted performance (Art 1165) LIMITED GENERIC THING Ƌ generic objects confined to a particular class, the class is considered in itself a determinate object …

Webgeneric or indeterminate thing. It refers only to a class or genus to which it pertains and cannot be pointed out with particularity. Determinate thing. It is identified by its individuality. The debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor. ... Determinate ... WebOblicon 2 - Read online for free. ... Sharing Options. Share on Facebook, opens a new window

WebThis reading, like Owen’s, allows a generic quality, such as white or color, to be ‘in’ a particular substance. White can be ‘in’ Socrates because it is an accident (i.e., it is an ‘in a subject’ sort of thing) and belongs to (i.e., is a accident of) Socrates. Yet, like Ackrill’s, it has a specific “inseparability” requirement.

WebBM1707 NATURE AND EFFECT OF OBLIGATIONS Specific vs. Generic Thing • Specific/determinate – is when a thing is particularly designated or physically segregated from others of the same kind. It cannot be substituted with another, although the latter is of the same kind and quality without the consent of the creditor (Art. 1244, Civil Code). • … can spine problems cause itchingWebSpecifc thing and generic thing distinguished. (1) A determinate thing is identifed by its individuality. The debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor. (Art. 1244.) (2) A generic thing is identifed only by its specie. The debtor can give anything of the same ... can spine problems cause stomach problemsWebView OBLICON NOTES 1.docx from LAW 103 at Harvard University. SECTION 2. LOSS OF THING DUE ART. 1262 Delivery of DETERMINATE thing extinguished if lost/destroyed by debtor’s fault, before delay. By flare glowflow 007Webdifferentiate and give examples of generic thing and determinate thing. Expert Answer Ans: This is basically come’s under Nature and effects of law obligations. Generic thing … fla registration checkWebIn an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. True: Condonation or remission is generally gratuitous. ... A person is obliged to deliver a determinate thing including its accession and accessories, even though they may not have been mentioned in the agreement. can spinning cause utiWebMay 7, 2024 · Very comprehensive; pertaining or appropriate to large classes or groups as opposed to specific. Specific adjective. (sciences) Pertaining to a species. Generic adjective. Lacking in precision, often in an evasive fashion; vague; imprecise. Specific adjective. (taxonomy) pertaining to a taxon at the rank of species. can spinner luggage wheels be replacedWeb• Generic/indeterminate – is when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity. The debtor can give anything of the same class … can spinlaunch throw rockets into space