What is generic thing in law?
What is generic thing in law?
In contrast, indeterminate or generic thing is the opposite of determinate or specific thing; that is, generic or indeterminate thing is not particularly designated or physically segregated from all others of the same class. It means that a thing cannot be specifically determined from things of the same class.
What are the obligations of someone obliged to give a determinate thing?
Duty to Deliver the Determinate Thing In obligations to give a determinate thing, the obligor or debtor binds himself to deliver to the obligee or creditor a thing or object which is particularly designated or physically segregated from all others of the same class.
What happens when a person who is obligated to perform under an obligation fails to perform his her duties?
15.1 Discharge of Contract Duties A person is liable to perform agreed-to contract duties until or unless he or she is discharged. If the person fails to perform without being discharged, liability for damages arises.
What is obligation with a condition?
A conditional obligation is one the fulfillment of which is a subject to a certain condition which may be an event, which may or may not happen. A suspensive condition is a future or uncertain event, the happening of which give birth to the obligation. (ex.)
What is a Resolutory period?
Resolutory period (in diem) – wherein the obligation is performed only up to a day certain and terminated upon the arrival of the period; as in: D will pay C every week until the end of the month.
Is lost with the debtors fault without his fault?
State the rules in case the thing to be delivered: (a) is lost with the debtor’s fault; without his fault; If the delivery lost is due to the debtor’s fault, the debtor has an obligation to pay the damages that incurred and the price of the thing that is lost also can be demand.
What is the effect if a thing is lost through a fortuitous event?
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk.
Can an uncertain but past event be considered a condition?
Can an uncertain but past event be considered a condition? No, it should be either future and uncertain event or past but unknown. It cannot be considered uncertain if it already happened in the past.
What is condonation or remission?
The condonation or remission of debt is a mode of extinguishment of obligation wherein the creditor gratuitously renounced his right against the debtor with the latter’s acceptance. The remission is simply a form of donation. It may be made expressly or impliedly.
What is condonation law?
What is Condonation? This means, that when you do not comply with these rules and you are late in submitting a document, you must apply for condonation. In broader terms you must ask the court/CCMA to condone the late submitting/filing of the document. The above is done by way of a Condonation Application.
What happens when remission is Inofficious?
Effect of inofficious remission : No one can give more than that which he can give by will; otherwise the excess shall be inofficious and shall be reduced by the court accordingly. Remission may be nullified or invalidated by showing that the waiver is inofficious.
What is remission law?
Remission refers to “the reduction of one’s sentence.” Remission can be granted to a prisoner for good behavior. E.g. He was sentenced to five years, but should serve only three with remission.
What is a remission rate?
So if the doctor says there is a 95 percent 5-year cure/remission rate for a particular cancer, it means that after five years, 95 percent of people with that cancer will still be in remission (meaning that you have an extremely high likelihood of not having a recurrence for at least five years).
What are the different kinds of remission?
There are two types of remission:
- Partial remission means the cancer is still there, but your tumor has gotten smaller — or in cancers like leukemia, you have less cancer throughout your body.
- Complete remission means that tests, physical exams, and scans show that all signs of your cancer are gone.
When remission is made expressly it must comply with formalities of?
If made expressly, it must comply with the forms of donation. Kinds of remission (1) As to its extent: (a) Complete – when it covers the entire obligation.
