Explain them. The obligation includes the delivery of all its accessions and accessories. 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.Similarly, you may ask, what are the remedies of creditor in real obligation?
The only remedy of the creditor is to have the obligation executed by another at the expense of the debtor or ask for damages. Moreover, the obligor cannot substitute others to perform his obligation to do without the consent of the obligee (creditor) because the obligation is personal in nature.
Similarly, what is the effect if one of the obligors in reciprocal obligations should not comply with what is incumbent upon him? When the obligor cannot comply with what is incumbent upon it, the obligee may seek rescission and in the absence of any just cause for the court to determine the period of compliance, the court shall decree the rescission.
People also ask, 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.
What must a debtor do to be released from his obligation if the creditor refuses to accept payment without any justifiable reason?
Under article 1176 of the old Civil code, "if the creditor to whom a tender of payment is made refuses to accept it, without reason, the debtor shall released from liability by the consignation of the thing due."
What are the obligations of debtor?
Debtors are legally responsible for paying the debts they legitimately owe. Where they owe the debt in question, debtors should: not attempt to avoid the obligation to satisfy debts they have incurred.What are the duties of debtor in obligation?
Duties of debtor in obligation to deliver a generic thing 1. Deliver a thing which is the quality intended 2. Be liable for damages Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.What is the effect of loss of a generic thing?
Effect of loss of a generic thing The courts shall determine whether, under the circumstances , the partial loss of the object of the obligation is so important as to extinguish the obligation. There is partial loss when only a portion of the thing is lost or destroyed or when it suffers depreciation or deterioration.What is a generic thing?
Generic or Indeterminate Thing A thing is generic or indeterminate when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity.What is diligence of a good father of a family?
The diligence of a good father of a family reminds us to deal or conduct ourselves to others with the kind of diligence that we ourselves ought to exercise in handling the affairs of our own family.What are the nature and effects of obligation?
Chapter 2: Nature and Effect of Obligations Art. 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.What is specific real obligation?
Real obligation means legal obligation that is connected with real property. 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 generic obligation?
A generic term for any type of legal duty or liability. A primary obligation is one that must be performed since it is the main purpose of the contract that contains it, whereas a secondary obligation is only incidental to another principal duty or arises only in the event that the main obligation cannot be fulfilled.What must be delivered when the obligation consists of?
Section 323. 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 nature of obligation?
A natural obligation is an obligation that has no legal basis and hence does not give a right of action to enforce its performance. It is based on equity, morality, and natural law, and should be voluntary.What is delay or Mora?
It means willful delay or default in fulfilling a legal obligation. The word technically means delay. 'In mora' means in default. A person is said to be in mora, when s/he defaults in paying due debt. Such a debtor is liable to suffer the consequences that is, the loss the creditor may incur from debtor's delay.What are the exception to the rule that demand is necessary to incur delay?
Article 1169 are the exceptions to the general rule in where demand is not necessary in order for delay to exist.What is specific or 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 are the effects of Mora Solvendi?
the creditor refuses the performance without just cause CONSEQUENCES OF MORA ACCIPIENDI 4. the responsibility of the debtor for the thing is reduced and limited to fraud and gross negligence; 5. the debtor is exempted from the risks of loss of the thing, which automatically pass to the creditor; 6.What is the effect of the voluntary performance of a natural obligation?
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.In what cases may the debtor validly object to the enforcement of the stipulated penalty?
In what cases may the debtor validly object to the enforcement of the stipulated penalty? Answer: According to Art. 1227, debtor may object the enforcement of penalty if there is performance on his part or if the creditor already required fulfillment of obligation.What is Article 1158 all about?
Article 1158 refers to legal obligations or obligations arising from law. They are not presumed because because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable, they must be clearly set forth in the law, i.e., the Civil Code or special laws. 
