Determinate or specific thing
Web9.2.2. DUTIES OF DEBTOR TO GIVE A DETERMINATE THING. Preserve the thing - the obligor has the duty to take care of the thing in the contract. Deliver the fruits of the thing. Deliver the accessions and accessories. Deliver the thing itself. Answer for damages in case of non-fulfillment or breach. 9.2.3. WebDifferences Between Specific and Generic Things But, if A promises to give B “one of my watches”, the obligation is to give a specific thing because the object refers to a class …
Determinate or specific thing
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WebDuties of debtor in obligation to give a determinate thing. (1) Preserve the thing. (2) Deliver the fruits of the thing. (3) Deliver the accessions and accessories. (4) Deliver the … WebIndeterminate or generic thing is the opposite of determinate or specific thing. Generic or indeterminate thing refers to a class or genus and cannot be determined with …
WebMar 25, 2024 · When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition. The provision of this article apply only to: Obligations to deliver a determinate or specific thing. WebS.D.N.Y. 1960) The 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 that the obligation be complied with by a third person at the expense of the debtor; [3] To recover damages in case of breach (Article 1165); and.
WebIndeterminate or generic thing is the opposite of determinate or specific thing. Generic or indeterminate thing refers to a class or genus and cannot be determined with particularity. It means a thing can’t be specifically determined from things of the identical class. The thing is replaced by another thing that is on the identical quality. b. WebApr 3, 2024 · LOSS OF THE THING DUE. Posted on 3 Apr 2024. SECTION 2. LOSS OF THE THING DUE. Article 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay. When by law or stipulation, the obligor is …
WebNov 3, 2024 · The prestation to give is a real obligation. It is the obligation to deliver either [a] a specific or determinate thing, or [b] a generic or indeterminate thing. An example of this would be the vendor's obligation to give the vendee the thing purchased. [2] TO DO. The prestation to do is a positive personal obligation.
WebApr 24, 2024 · Article 1165. April 24, 2024. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make a delivery. If the thing is indeterminate or generic, he may ask the obligation to be complied with the expense of the debtor. if the obligor delays, or has promised ... can you paint over powder coated aluminumWebDeterminate thing lost, obligation is not extinguished If the debtor incurs legal delay, default or mora If the debtor promised the specific thing to two or more persons who do not share same interest or if debtor incurs delay and the thing is subsequently lost by reason of fortuitous event, debtor would still be liable. Art. 1166. can you paint over pine woodWebA determinate or specific thing is one that is individualized and can be identified or distinguished from others of its kind a. Neither I nor II b. Both I and II c. I only d. II only 28. Which of the following refers to a determinate thing? a. White horse b. Pilot ballpen c. Car with engine number 143-245 d. House and lot in Villa Lourdes ... can you paint over plastic wood fillerWebis that determinate is distinct, clearly defined while determined is decided; resolute, possessing much determination. As verbs the difference between determinate and … can you paint over popcorn ceilingWebDifferentiate between specific/determinate thing and generic/indeterminate thing. This problem has been solved! You'll get a detailed solution from a subject matter expert that … can you paint over poly gel nailsWeb1. Newspaper is an object made of paper. Newsprint for newspaper is made from wood pulp, otherwise known as cellulose. It is cheaper than the paper used in magazines and … can you paint over rhino linerWebFeb 7, 2024 · Determinables and determinates are in the first instance type-level properties that stand in a distinctive specification relation: the ‘determinable-determinate’ relation (for short, ‘determination’). For example, color is a determinable having red, blue, and other specific shades of color as determinates; shape is a determinable having ... can you paint over powder coated metal