to be in possession of the thing sold after the sale but in another capacity

To be in possession of the thing sold after the sale

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to be in possession of the thing sold after the sale but in another capacity such as that of a lessee or depositary1Symbolic Delivery- Delivery that takes place by delivering the keys of the place or depository where the movable is stored or kept2Legal Document- when the sale is made through a public instrument (prima facie presumption of delivery)3Quasi-Traditio- delivery of incorporeal property by the execution of a public instrumentbTo deliver the fruits of the thingKinds of fruitsNatural fruits- spontaneous products of the soil, and the young and other products of animalsIndustrial fruits- produced by land of any kind through cultivation or laborCivil fruits- result of a juridical relationWhen is the creditor entitled to the fruits?From the time the time the obligation to deliver it arises. However, he shall acquire no real right until thing has been delivered to him2To deliver Accessions and Accessories even if they have not been mentioned (1166)1Accessions- everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially2Accessories- joined to or included with the principal thing for the latter's better use, perfection or enjoyment2Remedies of the Creditor if Debtor fails1Determinate thing- Specific performance + damages2Generic thing- Execution at the expense of the debtor + damages3Failure TO DO/ Contravention- Execution at the expense of the debtor +damages4Poorly done- Have it undone at the expense of the debtor + damages5Failure NOT TO DO- Have it undone + damages6Non-payment of the debtor1Accion subrogatoria2Accion paulianaKINDS OF DAMAGES (2197)Moral- physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock…Exemplary- Imposed by the way of example or correction for public good, in addition to M-T-L-A damagesNominal- damages to vindicate rightTemperate- greater than nominal but less than actual (cannot prove pecuniary loss)Actual- proof is required unless provided by law or stipulationGROUNDS FOR LIABILITY TO PAY DAMAGES1FraudaAccording to obtaining consentiDolo causante- fraud without which consent would not have been given (VIODABLE, annulment)iiDolo incidente- fraud without which consent would still have been given but the person giving it would have agreed on different terms (VALID, damages/rescind)
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bFraud in performance of the obligationAct of evading the fulfillment of an obligation in a normal manner (VALID, damages)2According to time of commissioniFuture Fraud- waiver is VIODiiPast Fraud- waiver is VALID2NegligenceaCulpa Contractual- negligence in the performance of a contract (MS rule apply)bCulpa Aquiliana- acts/omissions that cause damage to another, there being no contractual relation between the parties (MS rule DOES NOT apply)cCulpa Criminal- negligence that results in the commission of a crime (MS rule apply, subsidiarily liable)2DelayaKindsiMora solvendi- delay of Drii
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