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• What is the obligation of a person obliged to give something according to Article 1163?

  To take care of it with the proper diligence of a good father of a family.
• What distinguishes a specific or determinate thing from a generic or indeterminate thing?

  A specific thing is particularly designated or physically segregated, while a generic thing pertains to a class or genus.
• Give an example of a specific thing.

  The watch I am wearing.
• Give an example of a generic thing.

  A Bulova calendar watch.
• How is a determinate thing characterized in terms of individuality?

  A determinate thing is characterized by its individuality.
• What is the duty of a debtor in an obligation to give a determinate thing?

  To preserve or take care of the thing, deliver its fruits, accessions, and accessories, deliver the thing itself, and answer for damages in case of non-fulfillment.
• If Vincent is obliged to deliver his only car to Kristoffer, what are his duties?

  Preserve the car, deliver its fruits, accessions, and the car itself, and answer for damages in case of non-fulfillment.
• What does Article 1164 state about the creditor's rights to the fruits of the thing?

  The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.
• What are the different kinds of fruits according to the study material?

  Natural fruits, industrial fruits, and civil fruits.
• What is an example of natural fruits?

  Grass.
• What is an example of civil fruits?

  Rents of buildings.
• How is ownership acquired according to the study material?

  Ownership is acquired and transmitted through delivery or tradition.
• What happens if the debtor delays in delivering a determinate thing?

  The creditor may compel the debtor to make the delivery.
• What remedies does a creditor have in a specific real obligation?

  Demand specific performance, rescission, or payment of damages.
• If S sells his piano to B and refuses to deliver it, what can B do?

  B can bring an action for fulfillment or rescission with payment of damages.
• What is the distinction between personal rights and real rights?

  Personal rights are the right to demand from another, while real rights are the right over a specific thing.
• What does Article 1166 state about the obligation to give a determinate thing?

  It includes delivering all its accessions and accessories.
• What are accessions and accessories in the context of obligations?

  Accessions are fruits or additions to a thing, while accessories are things joined for embellishment or better use.
• What happens if a debtor fails to perform an obligation according to Article 1167?

  The obligation will be executed at the debtor's cost.
• What is the primary remedy for a negative personal obligation?

  To undo the forbidden act and recover damages.
• If S constructs a fence in violation of an agreement with B, what can B do?

  B can seek to undo the forbidden act and recover damages.
• What does Article 1168 state about obligations consisting of not doing?

  It states that if the obligor does what is forbidden, it must be undone at their expense.
• What are the key points regarding the obligation not to do?

  • The obligor must undo the forbidden act at their expense.
  • No specific performance is required; obligation is fulfilled by not doing the act.
  • The debtor cannot be guilty of delay.
• What is the primary remedy for a creditor in a negative personal obligation?

  The primary remedy is to undo the forbidden act and recover damages.
• What happens if undoing the forbidden act is impossible?

  The remedy is an action for damages.
• In the scenario where S sold land to B with a stipulation not to construct a fence, what can B do if S violates this agreement?

  B can have the fence removed at S's expense.
• According to Article 1169, when do those obliged to deliver or do something incur in delay?

  They incur in delay from the time the obligee demands fulfillment of their obligation.
• What is the meaning of delay in obligations?

  • Ordinary delay: Failure to fulfill an obligation on time.
  • Legal delay (Default or Mora): Failure to perform an obligation on time, constituting a breach.
• What is Mora Solvendi?

  Mora Solvendi is the delay on the part of the debtor in fulfilling his obligation.
• What are the two types of Mora Solvendi?

  Ex re (delay in real obligations) and Ex persona (delay in personal obligations).
• What is Mora Accipiendi?

  Mora Accipiendi is the delay on the part of the creditor to accept the performance of the obligation.
• What happens if the creditor refuses to accept payment?

  A delay shall be charged to the creditor.
• What is Compensatio morae?

  It is the delay of the obligors in reciprocal obligations where both parties are in default.
• In a sale where one party has fulfilled their obligation but the other has not, what is the status of the non-fulfilling party?

  The non-fulfilling party is already in delay and does not need any demand.
• What is the effect of Mora solvendi on the debtor?

  The debtor is guilty of breach and liable for interest or damages from the date of demand.
• What is the effect of Mora accipiendi on the creditor?

  The creditor is guilty of breach of the obligation.
• What is incidental fraud?

  Fraud used during the execution of a contract that undermines consent.
• What is causal fraud?

  Causal fraud refers to significant deception that leads the other party to refrain from entering into the contract.
• What does Article 1171 state about responsibility arising from fraud?

  It states that responsibility arising from fraud is demandable in all obligations.
• What is the difference between waiver of action for future fraud and past fraud?

  Waiver of action for future fraud is void, while waiver of action for past fraud is valid.