Determinate thing and generic thing

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August undefined, 2024

Web(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 … 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 …

oblicon chapter 2 nature and effects of obligation Flashcards

Web2. Generic or Indeterminate refers only to a class or genus to which it pertains and cannot be pointed out with particularity . -it is identified only by its specie - the debtor can give anything of the same class as long as it is of the same kind. *Duties of debtor in obligation to give a determinate thing 1. Preserve the thing a. 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. c\u0027 on periodic table of elements

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WebQuestion: Differentiate between specific/determinate thing and generic/indeterminate thing. Differentiate between specific/determinate thing and generic/indeterminate thing. Expert Answer. Who are the experts? Experts are tested by Chegg as specialists in their subject area. We reviewed their content and use your feedback to keep the quality … 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 … WebThis reading, like Owen’s, allows a generic quality, such as white or color, to be ‘in’ a particular substance. White can be ‘in’ Socrates because it is an accident (i.e., it is an ‘in a subject’ sort of thing) and belongs to (i.e., is a accident of) Socrates. Yet, like Ackrill’s, it has a specific “inseparability” requirement. c\u0027s automotive billings

Determinables and Determinates - Stanford Encyclopedia of …

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WebSECTION 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 … WebQuiz No. 1 ObliCon. 1. The following are the requisites of an obligation, except: It is the voluntary administration of the property of another without his consent. Unless the law or the stipulations of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with: It is a wrong ... c\u0027roll sushiWebSpecific or Determinate Thing - one which can be particularly designated or physically segregated from all others of the same class. ... The Toyota car with Plate No. AAV 344. Generic or Indeterminate Thing - one which refers only to a class or genus to which it pertains and cannot be pointed out with particularity. EXAMPLES: (1) a Bulova ... east anglian steam museum

"WebAug 25, 2013 · The purpose of the obligation and other circumstances shall be taken into consideration. y Creditor may ask for compliance by 3rd person at debtorƎs expense; action for substituted performance (Art 1165) LIMITED GENERIC THING Ƌ generic objects confined to a particular class, the class is considered in itself a determinate object … " - Determinate thing and generic thing

Determinate thing and generic thing

WebApr 24, 2024 · Loss of Generic Things}Determinate thing is a concrete particularized object.}Generic thing is one whose determination is confined to that of its nature.}Loss of determinate object without fault of the debtor extinguishes the obligation to give, but obligation is not extinguished if the object is indeterminate or generic. Weba. An active subject, who has the power to demand prestation, also known as the oblige or creditor. b. A passive subject, who is bound to perform the prestation, also known as the obligator or debtor. c. Object or presentation, which is the promise or particular contract to be performed in the obligator or debtor. d.

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WebSpecifc 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 ... WebFeb 20, 2024 · An obligation to deliver a determinate thing as a general rule is extinguished if the thing is lost due to fortuitous events. Whereas an obligation to …

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 … Webgeneric 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 ...

WebNature and Effect of Obligations Determinate Thing and Generic Thing Ø A thing is determinate when it is particularly designate or physically segregated from all others of the same class. Ø Why do we need to know whether a thing is determinate or generic? As a rule, the loss of a determinate thing through a fortuitous event extinguishes the ... WebDifferences Between Specific and Generic Things But, if A promises to give B “one of my watches”, the obligation is to give a specific thing because the object refers to a class …

WebMay 7, 2024 · Very comprehensive; pertaining or appropriate to large classes or groups as opposed to specific. Specific adjective. (sciences) Pertaining to a species. Generic adjective. Lacking in precision, often in an evasive fashion; vague; imprecise. Specific adjective. (taxonomy) pertaining to a taxon at the rank of species.

WebJul 31, 2024 · In this video, you will learn about the different kinds of obligations. This video will also tell you the difference between a generic thing and a specific t... east anglian rocketry societyWebFeb 7, 2024 · The terminology of determinables and determinates stems from ancient and scholastic treatment of the definition of a species, as analyzable into two parts: a genus, … east anglian staffordshire bull terrier clubWebDemand payment of damages Generic Real Obligation – obligation to deliver a generic thing 1. Recover damages in case of breach or violation. Where Debtor Delays or Has Promised Delivery to Separate Creditors Instances when a fortuitous event does not exempt the debtor to the responsibility: 1. It is a determinate thing. 2. Genus never ... east anglian railway ticketsWeb61.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. east anglian smart repairWeb2. 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. east anglian tankering servicesWebThe meaning of DETERMINATE is having defined limits. How to use determinate in a sentence. having defined limits; definitely settled; conclusively determined : definitive… c\u0027s accounting service hawaiiWebREMEDIES OF CREDITOR IN REAL OBLIGATION Three options of a creditor in a specific real obligation (obligation to deliver a determinate thing) 1. Demand specific performance or fulfillment with a right to indemnity for damages noncompliance with the debtor in specific real obligation idemand nimo na ideliver 2. Demand rescission or cancellation of … east anglian soul club