02_ObliCon

Front

What is the obligation of an obligor in real obligations regarding the care of the thing due?

Back

The obligor must take care of the thing due with the diligence of a good father of a family pending delivery.

Front

What happens if the law or stipulation provides for a different standard of care?

Back

The law or stipulation must prevail, which may require slight or extraordinary diligence.

Front

What is the liability of a common carrier in case of an accident?

Back

A common carrier is liable if it exercised only ordinary diligence or the diligence of a good father of a family.

Front

What is the duty of banks regarding the treatment of deposit accounts?

Back

Banks must treat deposit accounts with the highest degree of care due to their fiduciary relationship with depositors.

Front

Can parties agree on a standard of diligence that is less than that of a good father of a family?

Back

Yes, but it is contrary to public policy to stipulate for absolute exemption from liability for any fault or negligence.

Front

What factors determine the diligence required in obligations?

Back

The diligence required depends on the nature of the obligation and the circumstances of the person, time, and place.

Front

What is the debtor's obligation regarding the condition of the thing to be delivered?

Back

The debtor must exercise diligence to ensure that the thing subsists in the same condition as when the obligation was contracted.

Front

What are the duties of a debtor in the obligation to deliver a generic thing?

Back

1. To deliver a thing of the quality intended by the parties. 2. To be liable for damages in case of fraud, negligence, or delay.

Front

When does the creditor have a right to the fruits of the thing?

Back

The creditor has a right to the fruits from the time the obligation to deliver arises.

Front

What are the different kinds of fruits mentioned in the law?

Back

1. Natural fruits: spontaneous products of the soil. 2. Industrial fruits: produced through cultivation or labor. 3. Civil fruits: derived from a juridical relation.