Quick Answer: What Is Determinate Thing In Law?

What is Article 1158 all about?

1158 refers to the legal obligations or obligations imposed by specific provisions of law, which means that obligations arising form law are not presumed and that to be demandable must be clearly provided for, expressly or impliedly in the law.

Examples:  It is the duty of the Spouses to support each other..

What are the 2 kinds of quasi contracts?


What is pure obligation?

A pure obligation is one that is demandable at once because it does not depend upon a future or uncertain event, not on a past event unknown to the parties and is not an obligation with a resolutory condition. A simple promissory note to pay certain amount within a certain period is an example of a pure obligation.

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.

What is the meaning of Article 1163?

ARTICLE 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. ( 1094a)

What are the 3 kinds of delay in law?

There are three kinds of delay namely: Always keep in mind that the debtor can only have an obligation to give, to do, and not to do, so he can only be delayed between the two, to give and to do, because there is no delay in not to do. One cannot be in delay for not doing at all.

What are the 5 sources of obligation?

Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself.

What is Article 1156 all about?

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.” Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (

What are the effects of delay?

Six main effects of delay were: (1) time overrun, (2) cost overrun, (3) disputes, (4) arbitration, (5) litigation, and (6) total abandonment. This study has also established an empirical relationship between each cause and effect.

What is specific real obligation?

Real obligation means legal obligation that is connected with real property. t is a duty that corresponds to real right. In other words, real obligation of a person refers to those duties that a person must perform in return for the right that s/he exercises. An example of real obligation is mortgage.

What is a determinate thing?

A thing is determinate or specific when it is distinct from all others of the same class. A determinate thing is distinct because of its individuality. Examples of a determinate thing are: the laptop you are viewing this website on, your car (if you own only one), the lot on 443 Sto.

What is the difference between determinate and indeterminate thing?

Determinate varieties require little or no staking of the plant. Indeterminate varieties develop into vines that never top off and continue producing until killed by frost. They are preferred by home growers and local-market farmers who want ripe fruit throughout the season.

What is delay in law?

Delay means the act of postponing or slowing. In Civil law delay refers to the period within which a party to a suit must take some action, such as perfecting an appeal or responding to a written-discovery request. …

What are the kinds of obligations?

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.

What are the duties of the obligor in an obligation to give a determinate thing?

The obligation to give a determinate thingincludes that of delivering all its accessions andaccessories provided that they have beenmentioned. FALSE36. A “follow-up” made by the obligee to theobligor to perform the latter’s obligation is notconsidered as a valid demand.

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 are three examples of obligations?

A debt instrument, such as a loan, mortgage, or bond. An obligating or being obligated. A binding contract, promise, moral responsibility, etc. A duty imposed legally or socially; thing that one is bound to do by contract, promise, moral responsibility, etc.

Why are obligations under the civil code a juridical necessity?

2. Why are obligations under the Civil Code a juridical necessity ? Explain . It is because the obligor or the oblige has a right to call upon the courts of justice , and you can legally demand what is due .