What is meant by the phrase due diligence of a good father of a family?

What is meant by the phrase due diligence of a good father of a family?

Art. 1163 A person who is obliged to offer anything is also obliged to take care of it with due diligence of a good father of a family, unless the statute or stipulation of the parties demands a different level of care.

What are the instances where a person is made civilly liable for failure to comply with his obligation though he was prevented from doing so by a fortuitous event?

(1983)ANS: In the following instances, a person is stillcivilly liable for failure to comply with hisobligation although he was prevented from doing soby a fortuitous event:(1) When by law, the debtor is liable even forfortuitous events;(2) When by stipulation of the parties, the debtor isliable even for fortuitous …

What are included to be delivered in an obligation to give a definite thing?

What are included to be delivered in an obligation to give a definite thing? The obligation includes the delivery of all its accessions and accessories. Accessions are the fruits of a thing or additions to or improvements upon a thing.

What are the three kinds of delay?

What are the different types of network delay?

  • Propagation delay.
  • Transmission delay.
  • Queuing delay.
  • Processing delay.

Is s guilty of legal delay?

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.

Can a debtor be put in delay and consequently?

Can a debtor be put in delay and consequently, incur liability even without demand from creditor? Explain.No. If the creditor does not demand, then it is presumed that he is giving the debtor an extension of time and the latter in not liable for damages.

What is Article 1158 all about?

1158 refers to the legal obligations or obligations imposed by specific provisions of law, which means that obligations arising form law are not presumed and that to be demandable must be clearly provided for, expressly or impliedly in the law. Examples:  It is the duty of the Spouses to support each other. (Art.

Who is the lawful owner of Suzie?


What is legal delay?

LEGAL DELAY OR DEFAULT – Is the failure to perform an obligation on time which failures constitutes a breach of the obligation. 4. FORTUITIOUS EVENT-Any event which be foreseen, or which, though foreseen, is inevitable. -An event which is either impossible to foresee or impossible to avoid.

Is the obligation divisible or indivisible?

An obligation is divisible when the object of the performance is susceptible of division. An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.

What is the difference between divisible and indivisible?

The difference between Divisible and Indivisible When used as nouns, divisible means any substance that can be divided, whereas indivisible means that which cannot be divided or split. When used as adjectives, divisible means capable of being divided or split, whereas indivisible means incapable of being divided.

Can there be a joint indivisible obligation?

In a joint indivisible obligation, the debtors are bound only to the extent of their share in the obligation which can only be performed totally or completely, not partially. For example, A and B, who are a popular duet, are jointly bound to sing in a concert organized by C.

What are the examples of divisible obligation?

(a) Legal when an object or prestation, which is divisible by nature, is declared. (Example: The obligation to pay income taxes on or before April 15 every year.) (Example: D promised to pay C his P100,000 debt on August 1, 2015.)

What is a divisible obligation give example?

There are two (2) kinds of obligations according to thedivisibility of the prestation:(A)Divisible obligation – An obligation where the prestationis capable of partial performance. Example:Dborrowed P100,000.00from C andpromised to pay the amount in 10 equalmonthly instalmentsof P10,000.00 each.(

What is solidary divisible obligation?

Solidary Divisible ObligationII. If the obligation is solidary, the creditor was validly condones such debtin any amount, the said creditor is liable to give equally what he condonesthe other solidary creditor based on what amount they’re about to receivefrom the debtor.

What is the effect of solidary obligation?

A solidary obligation is almost always an advantage for a creditor because it will either allow any creditor to demand the entirety of the debt from the sole debtor when the solidarity is active, or it will allow the creditor to demand the entirety of the debt from any of the multiple debtors when it is passive.

What is the difference between joint and solidary obligation?

They relate to performances which by their nature have to be rendered in common by several debtors, bound to the creditor by a single contract. A joint obligation is distinguished from a solidary obligation in that the creditor in a joint obligation can take action only against all the debtors together.

What are the characteristics of joint divisible obligation?

There must be two debts. The parties in the two obligations are debtor and creditor in both obligations. The parties are bound principally as debtor and creditor in both obligations. The two obligations are both due and demandable.