Chapter

Chapter 2
STUDY GUIDE
I. Definition
Define or give the meaning of the following:
1. generic or indeterminate thing
- A 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.
2. personal right
- a right that may be enforce by one person on another, such as the right of a
creditor to demand delivery of the thing and its fruits from the debtor.
3. Legal delay of fault
- It is when the obligor failed to perform his/her obligation on time which is
stipulated in the terms and agreement. Hence, it will constitute breach of
obligations and the obligor will pay for damages.
4. fortuitous event
- It is an event of natural or human origin that could not have been reasonably
foreseen or expected and is out of the control of the persons concerned.
5. diligence of good father of a family
- Diligence of a good father of a family means an ordinary care. Just like a father of
a family, it is a care that an average person would do in taking care of his
property.
II. Discussions
1. Give the rules as to the liability of a person for loss or damage resulting from
fortuitous event.
- A person is not responsible for loss or damage caused to another resulting from
the non-performance of his obligation due to a fortuitous event except the
following conditions: When expressly specified by law, when declared by
stipulation, and when the nature of the obligation requires the assumption of risk.
2. What rights are given by law to the creditor in case the debtor fails to comply with his
obligation to deliver a specific thing?
- There are two rights. a) The creditor compels the debtor to make the delivery (Art.
1165) b) demand damages from the debtor (Art. 1170)
3. What are included to be delivered in an obligation to give a definite thing? Explain
them.
- According to Article 1166, the obligation to give a determinate thing includes that
of delivering all its accessions and accessories, even though they may not have
been mentioned. In summary: 1) Deliver the fruits of the thing 2) Deliver the
accessions and accessories 3) Deliver the thing itself.
4. Suppose the obligation of the debtor is to do something and he fails to do it or
performs it in contravention of the agreement, what are the remedies available to the
creditor?
- “Article 1167: If a person obliged to do something fails to do it, the same shall be
executed at his cost. This same rule shall be observed if he does it in
contravention of the tenor of the obligation. Furthermore, it may be decreed that
what has been poorly done be undone.”
- The debtor fails to comply with his obligation, the creditor has the right: 1) To
have the obligation done at the debtor's expense 2) To recover damages. In case
the obligation is poorly done, it may be ordered to be undone if it is still possible
to undo what was done.
5. Can a debtor be put in delay and consequently, incur liability even without demand
from creditor? Explain.
- No. If the creditor does not demand, then it is presumed that he is giving the
debtor an extension of time and the latter in not liable for damages.
6. May an action arising from fraud be waived? Explain.
- Yes. If the creditor, with full knowledge of the fraud committed by the debtor,
decides to waive his right to indemnity, then it is considered as an act of
forgiveness by the former to the latter. Waiver is void only when it is a waiver of
an action for future fraud.
7. May an action arising from negligence be waived? Explain.
- Yes. Responsibility arising from negligence is also demandable in any obligation,
but such liability may be regulated by the courts, according to the circumstances.
III. Problems
Explain or state briefly the rule or reason for your answer.
1. S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20.
However, on July 15, S sold again and delivered the horse to T. Who has a better
right to Silver?
- According to Article 1164, the creditor has a right to the fruits of the thing from
the time the obligation to deliver it arises. However, he shall acquire no real right
over it until the same has been delivered to him. T has the better right to Silver
than B.
2. S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S
did not deliver the refrigerator on said date. Is S guilty of legal delay?
- “Article 1169. Those obliged to deliver or to do something incur in delay from the
time the obligee judicially or extrajudicially demands from them the fulfillment of
their obligation.” S is guilty of legal delay.
3. S compromised to deliver B a female horse named Suzie on July 10. Suzie gave birth
to a colt on July 5.
a. What are the obligations of S?
 Article 1163:
1. Preserve the thing.
2. Deliver the fruits of the thing.
3. Deliver the accessions and the accessories.
4. Deliver the thing itself.
5. Answer for damages in case of non-fulfilment or breach
b. Who has a right to the colt?
 S has the right to the colt.
c. Who is the lawful owner of Suzie in case it was sold and delivered by S to T on
July 8?
 T is the lawful owner of Suzie. T has a real right to Suzie.
4. D (debtor) borrowed P20,000 from C (creditor) payable after one (1) year? Is D liable
to pay interest?
- D is liable to pay interest to C if: They have expressly stipulated that a certain
amount of interest may be recovered by C, there is a written agreement between D
and C about the interest. The payment of the interest is invalid if there is no
agreement on the interest per year.
5. R (lessor) issued a receipt that E (lessee) has paid the rent for the months of March,
2008. Can R still collect from E the rents for January and February, 2008?
- According to Article 1176, the receipt of the principal by the creditor without
reservation with respect to the interest, shall give rise to the presumption that said
interest has been paid. Yes, R can still collect the rents for January and February
2008 from E.

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