Will Partial Loss Of The Specific Thing To Be Delivered Extinguish The Obligation?

Does loss extinguish the obligation to deliver a generic thing?

Loss of Generic Thing An obligation may not be extinguished by the loss of the thing due if such thing is generic.

The obligation can still performed whereby: the debtor can deliver a thing of the same class/type as the one lost, which may be of superior quality but not of inferior quality..

How do you extinguish an obligation?

1156 CC says that obligations are extinguished when the thing due is lost. was validly constituted but impossibility arises after the constitution. obligation becomes impossible, the obligation shall be extinguished and the debtor liberated. the thing due is lost while in his possession.

What must be delivered when the obligation consist of the delivery of a specific thing?

If the subject of an obligation is the delivery of a specific thing, the person making performance must deliver the thing in connection in which it is at the same time when delivery is to be made.

What is generic thing in law?

In contrast, indeterminate or generic thing is the opposite of determinate or specific thing; that is, generic or indeterminate thing is not particularly designated or physically segregated from all others of the same class. It means that a thing cannot be specifically determined from things of the same class.

What rights are given by law to the creditor in case the debtor fails to comply with his obligation?

If the debtor fails to comply, the creditor has the right to have the obligation performed by himself, or by another, (unless personal considerations are involved) at the debtor’s expense and to recover damages.

What is a thing in law?

A thing -is a specific category of property, legally defined as: a corporeal object outside the human body, and an independent entity capable of being subjected to legal sovereignty by a legal subject for whom it has use and value. Things as legal objects. A thing is a legal object of a real right.

What is an example of Novation?

A novation is a contract that substitutes one party to a preexisting contract for a party who was not in the original contract. … For example: B enters into a contract with C for B to paint C’s house for $500. B then enters into a separate contract with C and D for D to paint C’s house and to discharge its duties to C.

What are the different kinds of obligation?

Different Kinds of Obligation (Primary) (Section 1: Pure and Conditional…Section 1: Pure and Conditional Obligation. … Section 6: Obligation with a Penal Clause. … Section 2: Obligations with a Period. … Section 3: Alternative Obligation. … Section 4: Joint and Solidary Obligations. … Section 5: Divisible and Indivisible Obligation.

When can a person acquire a right of action in court against another to enforce the performance of the obligation?

Right is the power a person has under the law to demand from anotherany prestation. A person may acquire a right of action in court to enforce the performance of another’s obligation if the obligation is a. 4.

Can Novation extinguish an obligation?

Novation is defined in the said case “as the extinguishment of an obligation by the substitution or change of the obligation by a subsequent one which terminates the first, either by changing the object or principal conditions, or by substituting the person of the debtor, or subrogating a third person in the rights of …

Does Novation terminate a contract?

Novation stands for a consensual replacement of a contract’s party or obligation with a new one. The new party takes on the obligation of the original party, thus completely releasing the former party of that obligation. … Novation terminates the original contract, but assignment does not.

What are the main characteristics of an obligation with a penal clause?

A penal clause is another obligation attached to the principal one, requiring the payment or performance of something, or simply, requiring a greater responsibility, in case of noncompliance in order to assure performance or to deter nonperformance.

What must a debtor do to be released from his obligation if the creditor refuses to accept payment?

If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due.

What is specific real obligation?

1. Specific real obligation – obligation to deliver a determinate thing. … Generic real obligation – obligation to deliver a generic thing.

What are the causes of extinguishment of obligation?

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this. b. He is subrogated to all of the rights of the creditor ( Article 1302, No. 2 ).

What is the effect of the voluntary performance of a natural obligation?

According to Art. 1423, after voluntary fulfillment by the obligor, the natural obligation authorizes the retention of what has been delivered or rendered by reason thereof.

What is the effect of loss of a generic thing?

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. EFFECT OF LOSS OF A GENERIC THING The above article is an example of a case where the debtor is liable even for a fortuitous event because the law says so.

What are the 4 elements of obligation?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.