What is the meaning of diligence of a good father of a family?

Diligence of a good father of a family means an ordinary care. Just like a father of a family, it is a care that an average person would do in taking care of his property. II. To deliver the thing.

What are the remedies of the creditor against the debtor in case the latter does not comply with his obligation?

In cases where the obligor breached his/her obligation, s/he shall be liable for damages. [1] If the obligation to give a specific thing is breach by the debtor, the creditor may either compel the debtor to make delivery (specific performance)[2] or rescind.

What is Article 40 of the Civil Code of the Philippines?

No human body shall be buried unless the proper death certificate has been presented and recorded however during an epidemic bodies may be buried provided that the death certificate be secured within 5 days after the burial.

What is the new Civil Code of the Philippines?

The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments.

What are the three 3 main exceptions to Article 1163 where a higher degree of diligence is required?

The exceptions are: (a) in cases expressly specified by law; (b) when it is stipulated by the parties; and (c) when the nature of the obligation requires assumption of risk. NOTE: If the debtor bound himself to deliver generic things, he is not exempted from complying with his obligation.

What are the three 3 duties of the obligor in obligation to give a determinate thing?

9.2. 2. DUTIES OF DEBTOR TO GIVE A DETERMINATE THING

• Preserve the thing – the obligor has the duty to take care of the thing in the contract.
• Deliver the fruits of the thing.
• Deliver the accessions and accessories.
• Deliver the thing itself.
• Answer for damages in case of non-fulfillment or breach.

What are the 3 remedies of a creditor when the debtor fails to comply with his obligation?

According to Article 1167, the remedies available to creditor if the debtor fails to comply with his obligation to do, the creditor has the right (a) to have the obligation performed by himself, or by another, unless personal considerations are involved, at the debtor’s expense and (b) to recover damages.

What are the four remedies by which the creditor may pursue the debtors property for the purpose of enforcing obligations?

(2) By the loss of the thing due; (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; (5) By compensation; (6) By novation.

What is Article 567 of the Civil Code of the Philippines?

567. When a tenement, acquired by purchase, exchange, or partition, is surrounded by other tenements of the vendor, exchanger, or co-owner, the latter shall be obliged to grant a right of way without indemnity, in the absence of an agreement to the contrary (Practically reproduced in Article 652 of the new Civil Code).

What is Article 21 of the Civil Code of the Philippines?

ARTICLE 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

What is the purpose of the Civil Code?

The Civil Code provides the legal status, legal standards for the conduct of individuals, legal persons, other subjects; the rights and obligations of subjects regarding personal identities and property in civil, marriage and family, business, trade, labor relations (hereinafter referred collectively to as civil …

Is Civil Code a law?

A civil code is a codification of private law relating to property, family, and obligations.

What is Article 1163 explanation and example?

Article 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. This article speaks of an obligation to care of a determinate thing.

What are the damages in the Philippines under Civil Code?

Legal Meaning of Damages in the Philippines No. 121484, 31 January 2005), as the sum of money which the law awards or imposes as a pecuniary compensation, a recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act.

What rights are given by the law to the creditor in case the debtor fails to comply with his obligation to deliver a specific thing?

What are the 5 sources of obligation?

Terms in this set (6)

• Law. when they are imposed by law itself.
• Contracts. when they arise from the stipulation of the parties.
• Quasi-contracts.
• Crimes or acts or omissions punished by law.
• Quasi-delicts or torts.
• Law.

What rights are given by a law to the creditor in case the debtor fails to comply with his obligation to deliver a specific thing?

What are the limitations on the right of the debtor?

1. What are the limitations on the right of choice of the debtor in alternative obligations? Illustrate one such limitation. According to Article 1200, the debtor has a right of choice but the debtor cannot choose prestations that is impossible, unlawful or which could not have been the object of the obligation.

What happens if a debtor does not pay?

Methods of Recovering a Company Debt

1. Try to Speak to The Debtor in Person.
2. Send Written Reminders, Keeping Record of Each.
3. Find a Debt Mediation Service.
4. Write a Letter Before Action (LBA) Final Warning.
5. County Court Proceedings.
6. Controlled Goods Agreement.
7. Charging Order.
8. Statutory Demand.

What is Article 2187 Civil Code of the Philippines?

ART. 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers.