WebThe reason is “Genus nunquam peruit” — “genus never perishes. ... [NOTE: The fi rst is NOT extinguished by loss or by a fortuitous event because “genus never perishes.” (Art. 1263, Civil Code).] (2) Effect of Loss on an Obligation to Deliver a Specifi c Thing (a) General rule — the obligation is extinguished. WebThis article is based on the premise that "genus never perishes," which means that a debtor can still be forcedto deliver a similar item. The creditor, on the other hand, cannot demand that the debtor give something of higher quality or that the debtor deliver …
Chapter 2 Nature and Effect of Obligations PDF - Scribd
WebMeaning of generic or indeterminate thing. A thing is generic or indeterminate when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity. Specific thing and generic thing distinguished. (1) A … WebThe loss of a generic thing even without debtor's fault and before he has incurred delay will not extinguish the obligation . [1] It is based on the principle that a generic thing never perishes. to which kingdom does e. coli belong
SECTION 2- Loss of a thing due Flashcards Quizlet
Web– Genus never perishes. In diem. – (resolutory period) To a day certain. In toto. – Complete or In total. Injuria. – Invasion of another’s right for which one may bring an action. Inter vivos. – (Between the living) A phrase used to describe a gift that is made during the donor’s lifetime. Ipso Jure. – By law itself; By operation of Law. Webrefers only to class or genus. Cannot be identified / segregated; Note: Genus Nunquam Perit (Generic thing never perishes) Can give anything of the same class. Specified through Qualities = for tangible properties. Specific / Determinate Thing. Particularly segregated … WebGeneric or indeterminate – refers only to a class or genus [genus nunquam perit: genus never perishes] Duties of debtor in obligation to give a determinate thing 1. preserve the thing a. diligence of a good father or family b. another standard of care c. factors to be … to what decimal value is approximately equal