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NATURE AND EFFECT OF OBLIGATIONS

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John Edward Buenavntura

on 22 October 2014

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Transcript of NATURE AND EFFECT OF OBLIGATIONS

Problem 2: Is S guilty of legal delay?
Problem 3: Suzie and the colt
Problem 4: Is D liable to pay interest?
20.00 Php
Wednesday, October 21, 2014
Chapter II
S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20. However, on July 15, S sold again and delivered the horse to T. Who has a better right to Silver?
Problem 1: Who has a better right to Silver?
Problem 5: Can R still collect rents?
NATURE AND EFFECT OF OBLIGATIONS
Art. 1164
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095)
T has the better right to
Silver than B.
S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S did not deliver the refrigerator on said date. Is S guilty of legal delay?
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.


S is guilty of legal delay, effected by mora solvendi

Mora solvendi - delay on the part of the debtor to fulfill his obligation
The obligations of S are the following:

i. Preserve the thing

ii. Deliver the fruits of the thing

iii. Deliver the accessions and the accessories

iv. Deliver the thing itself

v. Answer for damages in case of non-fulfilment or breach
S has the right to
the colt
T is the lawful owner
of Suzie
Art. 1163
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. (1094a)

Art. 1164
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095)


S promised to deliver to B a female horse named Suzie on July 10. Suzie gave birth to a colt on July 5.
D (debtor) borrowed 20,000 Php from C (creditor) payable after one (1) year? Is D liable to pay interest?
Art. 1175
Usurious transactions shall be governed
by special laws. (n)

D is liable to pay interest to C if: (1) they have expressly stipulated that a certain amount of interest may be recovered by C, and (2) there is a written agreement between D and C about the interest. The payment of the interest is invalid if there is no agreement on the interest per se.
R (lessor) issued a receipt that E (lessee) has paid the rent for the month of March 2008. Can R still collect from E the rents for January and February 2008?
Art. 1176
The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.

Yes, R can still collect the
rents for January and February 2008 from E.
Full transcript