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E meeting of the minds between the parties exceptions

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Unformatted text preview: O DELIVER ARISES • GENERAL RULE: From the time of the perfection of the contract (i.e. meeting of the minds between the parties) • EXCEPTIONS a. when the parties made a stipulation as regards the right of the creditor to the fruits of the thing b. when the obligation is subject to a suspensive condition or period; arises upon fulfillment of the condition or arrival of the period PERSONAL V. REAL RIGHT Personal Real Jus ad rem, a right Jus in re, a right enforceable only enforceable against Page 105 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 against a definite person or group of persons Right pertaining to a person to demand from another, as a definite passive subject, the fulfillment of the prestation to give, to do or not to do. equivalent performance the whole world DUTIES OF DEBTOR IN AN OBLIGATION TO GIVE A GENERIC THING 1. To deliver the thing which is neither of superior nor of inferior quality 2. To pay damages in case of breach of the obligation by reason of delay, fraud, negligence or contravention of the tenor of the obligation. REMEDIES OF THE CREDITOR IN CASE OF NONPERFORMANCE (See Arts 1165 – 1168) 1. Specific Performance: Performance by the debtor of the prestation itself 2. Substitute Performance: someone else performs or something else is performed at the expense of debtor 3. Equivalent Performance: damages Real Obligations Specific specific performance Gener Personal Obligations To do QuickTime™ and a ic TIFF (Uncompressed) decompressor are needed to see this picture. X X Right pertaining to a person over a specific thing, without a definite passive subject against whom the right may be personally enforced 3. To deliver its accessions and accessories • Accessions – additions to or improvements upon a thing. Ex: air conditioner in a car. • Accessories – things joined to, or included with the principal thing for its better use, embellishment or completion. Ex:key of a house; frame of a picture (De Leon, 2003 ed., pp. 37-38) 4. To deliver the thing itself 5. To pay damages in case of breach of the obl...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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