Professional Documents
Culture Documents
Rules on Fruits
1. Kinds of fruits
a. Natural – product of the soil, young and other products
of animals
b. Industrial – produced thru cultivation or labor
c. Civil – derived by juridical relations
2. Creditor has rights to the fruits from the time the obligation
to deliver arises
Accessories – joined to or included with the principal thing for better use or completion.
Legal Delay
1. From the time oblige judicially or extra- judicially demand fulfillment; not
mere notice
2. No demand from creditor necessary in following cases:
a. When obligation or law expressly so declares
b. Time is of the essence (controlling motive)
c . When demand would be useless
3. In reciprocal obligation, from the moment oneparty fulfills
his obligation, delay by the other begins.
4. Kinds of Delay
a. Mora solvendi – delay on the part of debtor
b. Mora acccipiendi – delay of creditor
c. Compensatio more – delay in reciprocal obligation
5. Effects of Delay
a. Liable for interest and damages
b. Liable even for fortuitous event when the obligation is to
delivery a determinate thing
Fortuitous Events
Presumptions
1. Receipt of principal without reservation as to
2. Receipt of later installment of debt without reservation
of prior ones = presumption that prior ones paid