Rescissory Action - Answers - the creditor will impugn the acts of the debtor that is in fraud of creditors.
- action to cancel
Specific or Determinate thing - Answers a thing is determinate when it is particularly designated or
physically segregated from all others
of the same class
Generic or indeterminate thing - Answers a thing is indeterminate when it is designated merely by its
class or genus without any particular designation or physical segregation from all others of the same
class.
Diligence - Answers is the care; caution; the attention and care required from a person in a given
situation.
Due Diligence - Answers the diligence reasonably expected from, and ordinarily exercised by, a person
who seeks to satisfy a legal requirement or to discharge an obligation.
Extraordinary diligence - Answers extreme care that a person of unusual prudence exercises to secure
rights or property.
Delivery - Answers A format act of transferring something, such as a deed; the giving or yielding
possession or control of something to another
Actual delivery - Answers - placing the thing in possession of the vendee
- the act of giving real and immediate possession to the buyer or the buyer's agent.
legal or Constructive delivery - Answers -The thing is not actually transfered.
An act that amounts to a transfer of title by operation of law when actual transfer is impractical or
impossible.
PERSONAL RIGHT - Answers the power of one person to demand of another, as a definite passive
subject, the fulfillment of a prestation to give, to do, or not to do.
REAL RIGHT - Answers the power belonging to a person over a specific thing, without a passive subject
individually determined, against whom such right may be personally exercised.
NATURAL FRUITS - Answers These are the spontaneous products of the soil, and the young and other
products of animals.
INDUSTRIAL FRUITS - Answers Are those produced by lands of any kind through cultivation or labor.
, CIVIL FRUITS - Answers These are the rents of buildings, the price of leases of lands and other property
and the amount of perpetual or life annuities or other similar income.
Specific Performance - Answers - the right of the creditor or obligee to compel the debtor to make
delivery of the determinate thing if the debtor or obligor will not perform his obligation.
Reciprocal obligation - Answers - like in contract of sale, are those which arise from the same cause, and
which each party is
A debtor and a creditor of the other, such that the obligation of one is dependent upon the obligation of
the other
Reciprocal obligation - Answers - an obligation where both parties are mutually obligees and obligors.
- one party can rescind
-the creditor or oblige may opt to choose rescission in case he does not want to pursue his right to
specific performance.
Accessions - Answers - are the fruits of, or improvements upon, a thing.
-It signifies all of those things which are produced by the thing which is the object of the obligation as
well as all of those which are naturally or artificially attached thereto.
Accessories - Answers - are things joined to, embellishment or better use
-It signifies all of those things which have for their project the embellishment, use or preservation of
another thing which is more important and to which they are not incorporated or attached.
Mora or Delay - Answers is the failure to perform the obligation in due time because of dolo (malice) or
culpa (negligence).
Mora Solvendi - Answers or debtor's default is defined as a delay in the fulfillment of an obligation, by
reason of a cause imputable to the debtor.
Mora solvendi ex re - Answers kind of mora or delay, an obligation to give
Mora solvendi ex person - Answers kind of mora or delay, an obligation to do
Mora accipendi - Answers or the delay of the oblige or creditor to accept the delivery of the thing which
is the object of the obligation.
Compensatio morae - Answers default on the part of both parties because neither has completed their
part in their reciprocal obligation.
INJURY - Answers Is the legal invasion of a legal right
DAMAGE - Answers Is the hurt, loss or harm which results from the injury