Determinate thing and generic thing
Web• Generic/indeterminate – is when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity. The debtor can give anything of the same class … 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). • …
Determinate thing and generic thing
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Web54. In an obligation to deliver a determinate thing, what degee of diligence shall be exercised by the obligor or debtor in the preservation of the determinate or specific or delimited generic thing? a. Extraordinary diligence unless the law or the stipulation of the parties requires another standard of care. b. Diligence of a father of a good family unless … 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.
WebView OBLICON NOTES 1.docx from LAW 103 at Harvard University. SECTION 2. LOSS OF THING DUE ART. 1262 Delivery of DETERMINATE thing extinguished if lost/destroyed by debtor’s fault, before delay. By WebJan 18, 2024 · A thing is generic or indeterminate when it refers only to a class, to a genus, and cannot be pointed out with particularity. Examples: Applicability of Art. 1163 – duty to …
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. WebOblicon 2 - Read online for free. ... Sharing Options. Share on Facebook, opens a new window
WebSpecific or Determinate thing. -particularly designated or physically segregated others of the same class. -identified by its INDIVIDUALITY. Generic or Indeterminate thing. -refers only to a class or genus and cannot be pointed out with particularity. -identified only by its …
Web1. DEBTS AND CONTRACTS; DETERMINATE AND GENERIC THING, DISTINGUISHED. — ADENINE determinate thing shall a concrete particularized object indicated by its own individuality, while a generic things is one whose determination your jailed to that of its nature, to the genus (genero) to which it pertains, such as a horse, a chair. chirurgie maxillo faciale sherbrookeWeb13 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. chirurgie mathias spital rheineWebA determinate thing is determined by its individuality. The debtor cannot substitute it with another although the substitute is of the same kind and quality without the consent of the creditor. ... A generic thing is identified only by its specie. The debtor can give anything of the same class as long as it is of the same kind. Examples: a car ... graph in rectangular coordinate systemWebgeneric 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 ... chirurgie ligamentoplastieWeb2. when declared in the stipulation. 3. when the nature of obligation requires assumption of the risk. under number 1-when the law expressly so declares. 1. when the obligor has promised to deliver the same thing to 2 or more persons who do not have the same interest. 2. when thing to be delivered is generic. chirurgie maxillo facial sherbrookeWebSECTION 2. LOSS OF THING DUE ART. 1262 Delivery of DETERMINATE thing extinguished if lost/destroyed by debtor’s fault, before delay. By law, stipulation, or assumption of risk, loss of thing doesn’t extinguish obligation. THING IS LOST WHEN: 1. perish 2. goes out of commerce 3. unknown, can’t be recovered LOSS EXTINGUISHES … chirurgie marylin monroeWebSpecifc 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 ... graph in sagemath