The obligation includes the delivery of all its accessions and accessories. If the debtor fails to comply, the creditor has the right to have the obligation performed by himself, or by another, (unless personal considerations are involved) at the debtor’s expense and to recover damages.
What must a debtor do to be released from his obligation if the creditor refuses to accept payment without any justifiable reasons?
If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due.
Can compensation take place even when the debt is not yet due?
Compensation? Legal compensation cannot take place as the requirement that the debts must be liquidated and demandable is not present. One of the debts is not yet liquidated for there is a running interest still to be paid thereon.
What are the duties of a debtor in an obligation to give a definite thing?
Duties of debtor in obligation to deliver a generic thing (2) To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor thereof.
Is D legally justified to refuse to pay C?
Is D legally justified torefuse to pay C? No, because when D loaned from C, he entered a voluntary agreement and he was willing and the contract is valid.
What are the 3 kind of fruits of obligations?
Natural fruits – the spontaneous products of the soil, and the young and other products of animals.
What are the remedies of a creditor in real obligation?
Remedies of Creditors in breach of obligation
- To Give Determinate Thing. a. To compel specific performance. b. To recover damages.
- To Give Indeterminate Thing. a. To ask for performance of the obligation. b. To ask that obligation be complied with by.
- To Do. a. To have the obligation performed at debtor’s expense. b.
- Not to Do.
Is D required by law to prove that the payment has been received by C in order to be released from liability?
Is D required by law to prove that the payment has been received by C in order tobe released from liability? Answer: If T is an employee of C but by law D should acquire a note or a receipt tonprove that the payment has been received.
Can a creditor refuse payment?
Legal Options for Creditors Creditors can legally refuse partial payments and demand payment in full, including interest and extra charges like late fees. There are no laws that require them to accept your payments or partial payments. Some creditors are more willing to work with you than others.
What is 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.
