Question: What Is The Effect Of Loss Of A Generic Thing?

What are accessions and accessories?

Accession is anything attached to the principal thing either naturally or artificially (magagamit pa rin ang principal thing whether or not may accession).

Accessory is anything that is necessary for the perfection, use, and preservation of a thing (if wala yung accessory, hindi magagamit yung thing)..

What is genus Nunquam perit?

It is based on the principle that a generic thing never perishes (genus nunquam perit.) The debtor can still be compelled to deliver a thing of the same kind. The creditor, however, cannot demand a thing of superior quality and neither can debtor deliver a thing of inferior quality.

What is a thing considered lost?

It is understood that the thing is lost when it perishes, disappears, or goes out of commerce in which such thing no longer exist and cannot be recovered. The loss of the thing due applies to both real obligations (to give) and personal obligations (to do).

What is generic thing?

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.

Will partial loss of the specific thing to be delivered extinguish the obligation?

Will partial loss of the specific thing to be delivered extinguish the obligation? Explain. Answer: According to Art. 1264, the courts will determine if the partial loss of the object of the obligation is so important as to extinguish the obligation.

How do you extinguish an obligation?

1156 CC says that obligations are extinguished when the thing due is lost. was validly constituted but impossibility arises after the constitution. obligation becomes impossible, the obligation shall be extinguished and the debtor liberated. the thing due is lost while in his possession.