Determinate thing and 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 ... 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.

Oblicon - Chapter 2 - Nature and Effects of Obligation - Studocu

WebNature 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 ... 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). • … the pie shoppe ligonier https://genejorgenson.com

Chapter 2 Nature and effect of obligations Flashcards

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 … 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 … Weba. An active subject, who has the power to demand prestation, also known as the oblige or creditor. b. A passive subject, who is bound to perform the prestation, also known as the obligator or debtor. c. Object or presentation, which is the promise or particular contract to be performed in the obligator or debtor. d. the pie society

What is the proper remedy of the creditor in the case - Course …

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Determinate thing and generic thing

Determinate vs Indeterminate - Based on your own

WebApr 24, 2024 · Loss of Generic Things}Determinate thing is a concrete particularized object.}Generic thing is one whose determination is confined to that of its nature.}Loss of determinate object without fault of the debtor extinguishes the obligation to give, but obligation is not extinguished if the object is indeterminate or generic. WebMay 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.

Determinate thing and generic thing

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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. 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 ...

WebSpecifc 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 ...

WebMar 4, 2024 · What is determinate thing in law? Determinate thing and generic thing A thing is determinate when it is particularly designated or physically segregated from all others of the same class. (Art. 1460) It is determinate or specific if it is distinct from all others and can individually be classified or determined. WebQ: Distinguish specific or determinate to generic or indeterminate. Expound. Determinate thing is identified by its individuality. The debtor …

WebQuestion: Differentiate between specific/determinate thing and generic/indeterminate thing. Differentiate between specific/determinate thing and generic/indeterminate …

WebThe obligation to give may refer either to: (1) a specific or determinate thing - one that is individualized and can be identified or distinguished from others of its kind (2) an indeterminate or generic thing - one that is indicated only by its kinds, without being designated and distinguished from others of the same kind ... sick yf2b25-100ib1xleax connected to sc30WebSpecific 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 ... the pie sisters salem utWeb13 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. the pie shop yambaWebQuestion: Differentiate between specific/determinate thing and generic/indeterminate thing. Differentiate between specific/determinate thing and generic/indeterminate thing. Expert Answer. Who are the experts? Experts are tested by Chegg as specialists in their subject area. We reviewed their content and use your feedback to keep the quality … the pie shoppe ligonier paWebIn 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. the pie sisters georgetownWebOblicon 2 - Read online for free. ... Sharing Options. Share on Facebook, opens a new window sicky eyewear sunglassesWeb2. 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. the pie society at the plough