4. ACCESSIONS. ACCESSIONS are the fruits of a thing or a additions to or improvements upon a thing . This rule is based on the principle of law that the accessory follows the principal. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. A. ARTICLE 1166. (1166) (1) it must be possible, physically and juridically; 4 The creditor may compel the debtor to make the delivery. To be liable of damages in case of fraud, negligence, or delay in the performace of the obligation 9.2.4. (1097a) Art. Summary: When the obligation is demandable if the condition is negative Effect when the debtor voluntarily prevents fulfillment of the condition 1167. (3) Deliver the accessions and accessories (Art. Statement 1: The happening of a resolutory condition will give rise to an obligation while the happening of a suspensive condition will extinguish an obligation. X is the seller of a parcel of land in which 4 mango trees are planted on it, the 4 mango tree are the example of accesions, another example is the building that acquired by B the buyer and A is the seller, the existing rentals of the tenants in the . Oblicon reviewer. Deliver the thing 3. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be with a A. Future. The debt is due and demandable c. rdThere is a failure of the debtor to collect his own debt from 3 persons either through malice or negligence d. Debtor's assets are insufficient e. The right of account is not purely personal 4. To deliver all accessions and accessories. • This same rule shall be observed if he does it in . Only I is true B. Any waiver of an action for future fraud is void. 1166. 2. (Accessions is anything that is produced or attached to a thing, either naturally or artificially. Deliver the accessions and accessories Deliver the thing itself Answer for damages in case of non-fulfillment or breach 9.2.3. Pure - demandable at once, no term, no condition (2) Conditional - A condition is a future and an uncertain event or a past event unknown to the parties. Any waiver of an action for future fraud is void. Deliver the fruits of the things 4. The debtor of a thing cannot compel the creditor to ___ a ___ one, although the latter may be of the same ___ as, or more ___ than that which is due. It signifies all of those things which have for their object the embellishment, use or preservation of another thing which is more important and to which they are not incorporated or attached. 1166).13 If the thing to be given however, is GENERIC, the principal duty of the Obligor is to give the thing promised, and that's all.-as a rule, that's the only duty. *the jack to a car is an accessory the debtor. CONTRACT AMOUNT The BUYER agrees to buy the property herein described at the amount of $5. The creditor is entitled to everything that is attached, naturally or artificially, to the principle thing. Sed accumsan felis. An obligation is nothing more than the duty . Art. Generic Things 1. 1170) Q: How about in a case of a generic thing? Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances . 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. 1166. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. *debtor is obliged to deliver the accessions and accessories even if it is not mentioned. There is a credit in favor of plaintiff b. 1169. b. Deliver the accessions and accessories 5. 81. 1. False; True C. Both statements are true. Accessories are things joined to or included with the principal thing for the latter's embellishment, better use, or completion. ACCESSIONS AND ACCESSORIES Proin leo odio, porttitor id, consequat in, consequat ut, nulla. c. generic or indeterminate What are the five obligations of one obliged to give a determinate thing? (1 Point) True False 7. Deliver the thing itself 5. Negative obligation - When the debtor is not oblige to give or to do anything. 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. TO DO- involves the performance of an act.-duty of an Obligor is to do what he promised to do. a. D. Both statements are false. 1167. Enter the email address you signed up with and we'll email you a reset link. 1) - 3 accessory obligations (Note: only in specific obligations): (1) obligation to take care of it with the proper diligence of a good father of a family (Art. Obligations of the Debtor To Give a determinate thing- 1.To preserve or take care of the thing with the proper diligence of a good father of a family. c. To deliver the accessions and accessories (Art. Responsibility arising from fraud is demandable in all obligations. 89. Explain them. To deliver the thing itself. case : Caleon vs Agus Developmet Corp. 2. B. 1166); (3) to deliver the fruits from the moment the obligation to deliver . ANS: An obligation has 4 essential requisites. Identify whether the following statement about the "Nature and Effect of Obligations" is true or false. Duties of debtor in obligation to deliver a generic thing. 1. Art. (1 Point) True False 6. Art. Article 1172. the obligor being unaware of the period or believing that the obligation has become due and demandable. If a person obliged to do something fails to do it, the same shall be executed at his cost. Responsibility arising from fraud is demandable in all obligations. 5.) Efficient cause- The vinculum or juridical tie which bind the parties to the obligation and . 1163); (2) to deliver the accessions and accessories although the same may not have been mentioned (Art. 1163); (2) to deliver the accessions and accessories although the same may not have been mentioned (Art. 1169 Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. -that which is for is better use or enjoyment so, what? . The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. attyjdc 11. Ex. Answer for damages in case of breach/non-fulfillment. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Statement 1. The obligation becomes demandable only when the term expired. 1166) Obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Definition and examples of an accessions and accessories Creditor's right in an obligation to do something Creditor's right against the debtor if the debtor does what has been forbidden . ARTICLE 1166. Duties of debtor in obligation to deliver a generic thing Accion directa (arts 1729 & 1652) 5. But there is no prohibition for a stipulation to the effect that it will be excluded; it will only . Accessions and accessories. Preserve the thing 2. They are: 1) A juridical or legal tie, which binds the parties to the obligation and which may arise either from bilateral or unilateral acts of persons; 2) An active subject known as the creditor or obligee, who can demand the fulfillment of the obligation; 3) A passive subject known as the debtor . The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Positive obligation - When the debtor is oblige to give or to do something in favor of the creditor. Deliver the fruits of a thing Deliver the accessions/accessories Deliver the thing itself Answer for damages in . Includes everything which is produced by a thing, or which is incorporated or attached thereto, either naturally or artificially. Art. Delivery of accessions and accessories ACCESSORIES: Those joined to or included with the principal for the latter's better use, perfection or enjoyment. JURIDICAL NECESSITY - juridical tie; connotes that in case of noncompliance, there will be legal sanctions. a. Deliver the accessions & accessories (Art. (h) As to the nature of performance. f. Art 1166 - Art. 5. Accession is the right by virtue of which the owner of a thing becomes the owner of everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Unformatted text preview: ACCESSIONS - the fruits or additions upon to the principal thing ACCESSORIES - things joined to or included with the principal thing ACCESSORY OBLIGATION - attached to a principal obligation and, therefore, cannot stand alone ACTIVE SOLIDARITY (SOLIDARITY ON THE PART OF THE CREDITORS) - where anyone of them can demand the fulfillment of the entire obligation . The term is also used when referencing situations in which a . True; False B. Amazon Music Stream millions of songs: Amazon Advertising Find, attract, and engage customers: Amazon Drive Cloud storage from Amazon: 6pm Score deals on fashion brands (1097a) Article 1167. 11 . That is, he must refrain from doing something. It is the duty of a debtor in the delivery of a determinate thing to deliver the accessions and accessories of the thing, even though they may not have been mentioned. (1097a) ARTICLE 1167 ARTICLE 1167. Academia.edu is a platform for academics to share research papers. (1097a) ARTICLE 1167. 1167: If a person obliged to do something fails todo it, the same shall be executed at his cost. Accordingly, even when the accessions and accessories have been temporarily separated, the obligor is still bound to make the necessary deliver. Obligations to do/not to do, Art 1167-1168 a. Applicability. According to Article 1166, the general rule is that all accessions and accessories are considered included in the obligation to deliver a determinate thing although they may not have been mentioned. (3) To deliver its accessions and accessories; (4) To deliver the thing itself (5) To answer for damages in case of non-fulfillment or breach. The general rule is that all accessions and accessories are considered included in the obligation to deliver a determinate thing although they may not have been mentioned. a. Determinate thing b. Indeterminate thing c. Accessions d. Accessories. 42. has a suspensive condition C. D. is with a term ex-die. Specific or Determinate thing -particularly designated or physically segregated others of the same class If . Creditor's right to accession or accessories of a determinate thing. 1) - 3 accessory obligations (Note: only in specific obligations): (1) obligation to take care of it with the proper diligence of a good father of a family (Art. The obligation to give a determinate thing includes that delivering all of its accessions and accessories even though they may not have been mentioned. B. has a resolutory condition. May not be recovered c. May be recovered with interests d. May be recovered with fruits and interests DUTIES OF DEBTOR TO DELIVER A GENERIC THING Deliver a thing of equal quality as agreed upon. Delivery of accessories & accessions ( obligation to deliver determinate thing, even if the stipulation does not mention delivery of accessories & accessions) . May be recovered without interests b. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. A. b. The obligation becomes demandable only when the term expired. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Statement 2. . If a person obliged to do something fails to do it, the same shall be executed at his cost. To deliver the accessions and accessories d. To preserve or take care of the thing due. (1) To deliver a thing which is of the quality intended by the parties. Like the plants in land.) A___ fraud can be the subject of a valid waiver. 1. 3) To demand compliance at expense of the debtor If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. Passive Subject-Known as the obligor, againts whom the obligation is juridically demandable; 3. - Yes . D's obligation becomes demandable if the one year period expires without C . Q. Answer for damages in case of non-fulfillment or breach. demandable refers to incidental fraud valid fraud which is employed in the A past fraud can be the fulfillment of an obligation subject of a valid waiver because (Art.1170 . To deliver the object or thing when the obligation to deliver arises, including: 3.To deliver its accessions and accessories 4. Determinate thing b. Indeterminate thing c. Accessions d. Accessories. (h) As to the nature of performance. What is the rule on accessions and accessories in relation to obligations to deliver a specific thing? (1102a) Article 1173. 2. (1096) • Art. If the act to be performed within the period arises from a CONTRACTUAL RELATIONSHIP, the act will become due and demandable notwithstanding the fact that the last day falls on a Sunday or holiday. That is, he must refrain from doing something. B. Resolutory period Suspensive condition C. D. Potestative . (f) (f) Accessions and accessories • • Accessions - fruits of a thing or additions to or improvement upon a thing • • Accessories - joined to or included with the principal thing for better use or completion. 1169 Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. 1. b.A person takes charge of the agency or management of business or property of another without authority or without consent of the latter. - Unless otherwise stipulated, an obligation to deliver the accessions or accessories of a thing does not include the latter. Negative obligation - When the debtor is not oblige to give or to do anything. A waiver of an action for _____ fraud void. Except for the responsibilities that depend on them, impossible, illegal, or immoral conditions are not legitimate or demandable. If a person obliged to do something fails to do it, the same shall be executed at his cost. Positive obligation - When the debtor is oblige to give or to do something in favor of the creditor. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or there are three conditions that must be present before mora solvendi can exist or its effects arise: (1) failure of the debtor to perform his (positive) obligation on the date agreed upon; (2) demand (not mere reminder or notice) made by the creditor upon the debtor to fulfill, perform, or comply with his obligation which demand, may be either … ACCESSIONS. (Accessories is anything that is necessary for the perfection, use and preservation of a thing. . Example- Accretion which refers to the gradual and addition of sediment to the shore by action of water. X is the seller of a parcel of land in which 4 mango trees are planted on it, the 4 mango tree are the example of accesions, another example is the building that acquired by B the buyer and A is the seller, the existing rentals of the tenants in the . Demandable. Deliver the accessions and accessories. If a person obliged to do something fails to do it, the same shall be executed at his cost. 2. (1097a) ARTICLE 1244, par. there must be a stipulation to that effect. The obligation to give a determinate thing includes that delivering all of its accessions and accessories only if there is stipulation to that effect. To be invalid, a potestative condition must be both suspensive and dependent on the debtor's volition. The basic definition of the term obligation is a situation in which a person has an honorable, inherent, or legal duty to do something. I. Statement 2. 90. 1246) (2) To be liable for damages in case of Includes everything which is produced by a thing, or which is incorporated or attached thereto, either naturally or artificially. Answer for damages in case of non-fulfillment or breach (Article 1166, Ibid.) Even if not mentioned, accessories follow the principal 2. 1166); (3) to deliver the fruits from the moment the obligation to deliver . 1. True, True. Accessories - are those things which are joined attached to the . Only II is true C. Both are false D. Both are true B. Art. (1164) B. Requisites (3) The obligation to deliver the accessions and accessories, The prestation must have the following requisites: even though they may not have been mentioned. a.A person receives something when there is no right to demand it or it was unduly delivered through mistake. The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection of the contract. The debtor has to deliver the accessions and accessories even if they have not been mentioned. A binds himself to pay B P1,000 on December 10, 2011. Accion pauliana Requisites: a. ACCESSIONS: Additions to or improvements upon a thing. Article 1171. This same rule shall be observed if he does it in contravention of the tenor of the obligation. In order that they will be excluded. A. The Civil Code can be applicable suppletorily to obligations arising from laws other than the Civil . d. To deliver the fruits (Art. answer choices. DEPOSIT The BUYER shall pay a deposit at the amount of $5 to the SELLER upon signing this Contract as Earnest money. Rights of Creditor in Generic Obligations 8. Statement 2: A condition is potestative when the fulfillment depends upon the will of one of the parties. OBLIGATIONS AND CONTRACTS REVIEWER page 1 TITLE I - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. . (1097a) . This obligation is demandable at once when it A. unformatted text preview: obligations and contracts 1.differentiate accessions from accessories. All the fruits shall pertain to the vendee from the day on which the contract was perfected. These statements concerning the accessions and accessories of a determinate thing are presented to you: I. (1468a) Article 1538. Debtor is not liable if his failure to deliver the thing is due to fortuitous events or force majeure… without negligence or fault inhis part. Statement 1. Deliver the accessions and accessories 4. has a period. 1. 1164, Par 1) The creditor has a right to the fruits of the thing from the time of the obligation to deliver . 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