Chapter 2 RFBT — Real Obligations (Vocabulary Flashcards)

Vocabulary flashcards covering key terms related to Article 1163 through 1178, including determinate/generic objects, delivery and fruits, types of diligence, fortuitous events, mora, and fraud concepts.

Specific / Determinate Thing

A thing that is specially designated or physically segregated from others of the same class (e.g., the watch I am wearing; the card sold by X).

Generic / Indeterminate Thing

A thing referring to a class or genus not pointed out with particularity (e.g., a police dog; a 2016 Toyota car).

Identified by its individuality

A thing identified by its unique individuality; the debtor cannot substitute it with another, even if of the same kind, without creditor’s consent.

Identified only by its specie

A thing identified only by its class or species; substitution with another of the same kind is allowed unless prohibited.

Diligence

The care, caution, and attention required from a person in a given situation.

Due Diligence

Reasonably expected care ordinarily exercised by a person satisfying a legal requirement or obligation.

Extraordinary Diligence

Extreme care that a person of unusual prudence exercises to secure rights or property.

Delivery

The formal act of transferring possession or control of a thing to another.

Actual Delivery

Giving real and immediate possession to the buyer or buyer’s agent.

Constructive Delivery

Transfer of title by operation of law when actual transfer is impractical; can occur through symbolic, long-manual, or other forms.

Traditio simbolica

Symbolic tradition, such as delivering the keys of a property.

Traditio longa manu

Delivery by mere consent or pointing out the object.

Traditio brevi manu

Delivery by the short hand; possessor becomes owner but remains in possession.

Traditio constitutum possessorium

Delivery whereby the possessor remains in possession in another capacity after transfer.

Tradition by execution of legal forms and solemnities

Delivery accomplished through execution of a public instrument or formal legal process.

Natural Fruits

Spontaneous products of the soil and young products from animals.

Industrial Fruits

Products produced by land through cultivation or labor.

Civil Fruits

Rents and similar income derived from property due to juridical relations.

Accessions

Fruits or additions/improvements produced by the principal thing.

Accessories

Things joined to or included with the principal thing for its embellishment, use, or completion; not always essential.

Right to accessions and accessories included in the obligation

Generally, all accessions and accessories are included in the obligation to deliver unless excluded by stipulation.

Accessions and Accessories inclusion principle

Accessory follows the principal; they are included in the delivery unless the contract excludes them.

Fruits from perfection of contract

The creditor’s right to fruits generally arises from the perfection (birth) of the contract, and may be affected by suspensive conditions.

Fortuitous events

Unforeseen or inevitable events that may relieve liability, unless law or stipulation states otherwise.

Force majeure

A type of fortuitous event; events beyond control that excuse or limit performance under certain conditions.

Mora solvendi

Delay on the part of the debtor to perform on time; liability includes interest or damages; typically begins after demand for performance.

Mora accipiendi

Delay on the part of the creditor in accepting performance; shifts risk and may affect damages.

Compensatio Morae

Mutual cancellation of delays by both parties; no actionable default when delays offset.

Fraud (dolo)

Deliberate deceit or evasion to secure performance; includes dolo causante (pre-contract) and dolo incidente (during performance).

Specific / Determinate Thing

A thing that is specially designated or physically segregated from others of the same class (e.g., the watch I am wearing; the card sold by X).

Generic / Indeterminate Thing

A thing referring to a class or genus not pointed out with particularity (e.g., a police dog; a 2016 Toyota car).

Identified by its individuality

A thing identified by its unique individuality; the debtor cannot substitute it with another, even if of the same kind, without creditor’s consent.

Identified only by its specie

A thing identified only by its class or species; substitution with another of the same kind is allowed unless prohibited.

Diligence

The care, caution, and attention required from a person in a given situation.

Due Diligence

Reasonably expected care ordinarily exercised by a person satisfying a legal requirement or obligation.

Extraordinary Diligence

Extreme care that a person of unusual prudence exercises to secure rights or property.

Diligence of a good father of a family

The ordinary care that an average and prudent person would exercise over his own property or affairs. This is the default standard of care required in obligations unless the law or stipulation provides for another standard.

Delivery

The formal act of transferring possession or control of a thing to another.

Actual Delivery

Giving real and immediate possession to the buyer or buyer’s agent.

Constructive Delivery

Transfer of title by operation of law when actual transfer is impractical; can occur through symbolic, long-manual, or other forms.

Traditio simbolica

Symbolic tradition, such as delivering the keys of a property.

Traditio longa manu

Delivery by mere consent or pointing out the object.

Traditio brevi manu

Delivery by the short hand; possessor becomes owner but remains in possession.

Traditio constitutum possessorium

Delivery whereby the possessor remains in possession in another capacity after transfer.

Tradition by execution of legal forms and solemnities

Delivery accomplished through execution of a public instrument or formal legal process.

Natural Fruits

Spontaneous products of the soil and young products from animals.

Industrial Fruits

Products produced by land through cultivation or labor.

Civil Fruits

Rents and similar income derived from property due to juridical relations.

Accessions

Fruits or additions/improvements produced by the principal thing.

Accessories

Things joined to or included with the principal thing for its embellishment, use, or completion; not always essential.

Right to accessions and accessories included in the obligation

Generally, all accessions and accessories are included in the obligation to deliver unless excluded by stipulation.

Accessions and Accessories inclusion principle

Accessory follows the principal; they are included in the delivery unless the contract excludes them.

Fruits from perfection of contract

The creditor’s right to fruits generally arises from the perfection (birth) of the contract, and may be affected by suspensive conditions.

Fortuitous events

Unforeseen or inevitable events that may relieve liability, unless law or stipulation states otherwise.

Force majeure

A type of fortuitous event; events beyond control that excuse or limit performance under certain conditions.

Principle of "Res Perit Domino"

"The thing perishes for the owner." Generally, the owner bears the risk of loss of the thing, especially in specific obligations before delivery, unless otherwise stipulated or provided by law.

Mora solvendi

Delay on the part of the debtor to perform on time; liability includes interest or damages; typically begins after demand for performance.

Mora accipiendi

Delay on the part of the creditor in accepting performance; shifts risk and may affect damages.

Compensatio Morae

Mutual cancellation of delays by both parties; no actionable default when delays offset.

Fraud (dolo)

Deliberate deceit or evasion to secure performance; includes dolo causante (pre-contract) and dolo incidente (during performance).

Negligence (culpa)

Omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time, and of the place. It implies lack of due care, without malice or intent to deceive.

Types of Negligence

Culpa contractual: Negligence in the performance of a contract. Culpa aquiliana (quasi-delict or tort): Negligence that causes damage to another without a pre-existing contractual relation. Culpa criminal: Negligence resulting in the commission of a crime.

Damages

The sum of money awarded by a court to a person who has suffered loss or injury due to the unlawful act or omission of another. They serve to compensate the injured party.