What is a specific thing? What is a generic thing? (Art. 1163)

Summary

In this video, Attorney Chris Batan Lasko breaks down the various classifications and types of legal obligations. He explains obligations based on sanctions, subject matter, and whether they are positive or negative. The video also discusses real vs. personal obligations, and unilateral vs. bilateral obligations. Additionally, Attorney Lasko delves into the nature and effect of obligations, particularly focusing on the standard of care required when giving something under Article 1163. He illustrates key concepts with examples to clarify the difference between specific and generic things in legal terms.

Takeaways

• 😀 Understanding Obligations: An obligation is a juridical necessity to give, do, or not do something.
• 😀 Classification by Sanction: Obligations can be classified as civil, natural, or moral based on the sanctions involved.
• 😀 Classification by Subject Matter: Obligations can be real (to give something) or personal (to do or not to do something).
• 😀 Positive vs. Negative Obligations: A positive obligation involves giving or doing something, while a negative obligation involves not doing or not giving something.
• 😀 Unilateral vs. Bilateral Obligations: A unilateral obligation binds only one party, whereas a bilateral obligation involves mutual responsibilities between two parties.
• 😀 Nature and Effect of Obligations: The nature and effect of obligations depend on the type of obligation being discussed.
• 😀 Standard of Care for Giving Obligations: Article 1163 establishes the standard of care for obligations to give, which is the diligence of a good father of a family (ordinary diligence).
• 😀 Specific vs. Generic Things: A specific thing is uniquely identified, while a generic thing refers to a class of things that is not distinct or specified.
• 😀 Real Obligations Apply to Specific Things: Article 1163 specifically applies to obligations to give a particular or determinate thing, not a generic one.
• 😀 Parties May Adjust Standards of Care: Parties may agree to a different standard of care (like extraordinary diligence) unless a law specifies a particular standard, such as for common carriers.
• 😀 Contextual Diligence: Diligence varies based on the person, time, and place, and a prudent person in the same situation must be able to perform the same actions for the standard to be met.

Q & A

What are the three main classifications of obligations based on sanction?

The three main classifications of obligations based on sanction are civil obligations, natural obligations, and moral obligations.

What distinguishes a real obligation from a personal obligation?

A real obligation involves the obligation to give something, whereas a personal obligation involves the obligation to do something or refrain from doing something.

What is the difference between a specific thing and a generic thing in terms of obligation?

A specific thing is one that is segregated from a class, while a generic thing refers to a class or genus to which the item pertains and cannot be identified with particularity.

How is a specific thing determined in an obligation?

A specific thing is determined when it is uniquely identified with particularity, such as through details like a chassis number or plate number.

Can you provide an example of a generic thing in an obligation?

An example of a generic thing would be a promise to give a Mitsubishi car without specifying the model, year, or other details, as it could refer to any Mitsubishi car.

What standard of care must be observed when the obligation is to give something?

The standard of care required is that of a 'good father of a family,' which is understood as ordinary diligence unless otherwise specified by law or the agreement between the parties.

Can the parties agree to a different standard of care than the 'good father of a family' diligence?

Yes, the parties can agree to a different standard of care, such as extraordinary or less than ordinary diligence, as long as it does not contradict any law that specifies a particular standard of care.

What is the importance of distinguishing between specific and generic things in obligations?

It is important because the obligation to give something (real obligation) applies specifically to specific or determinate things. If the thing is generic, this rule does not apply in the same way.

What does 'diligence of a good father of a family' mean in practice?

It refers to a standard of care that considers the circumstances of the person, the time, and the place. For example, a person should exercise more care when driving at night or on a winding road compared to driving during the day on a straight road.

How do we determine whether a person has observed the proper diligence of a good father of a family?

We ask whether a prudent person in the same situation would have acted the same way. If the answer is yes, the person has exercised the proper diligence; if no, the person may not have observed the required level of care.