Individual Assignment: Chapter 2 Problems

1. T has the better right to Silver than B, because according to the first sentence of Article
1164. The creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises. Since the agreement of S and B will be on July 20 that means that B has
no right yet to Silver because it wasn’t yet July 20. In this case, T is a third person who
acted in good faith, T acquires ownership over Silver and he shall be entitled to it against
B. However, S shall be liable to B for the damages. 
 
 
2. S is guilty of legal delay under the Mora solvendi, it is the delay on the part of the debtor
to fulfill his obligation (to give or to do). In addition, Article 1169. States that those
obliged to deliver or to do something incur in delay from the time the obligee judicially
or extrajudicially demands from them the fulfillment of their obligation. Even though the
problem is silent about if B demand to S, but in my understanding of the problem it tells
that “S agreed to deliver not later than July 31” in that case I can say that there was an
agreement between the two. 

3. a) The article 1163. States that every person obliged to give something is also obliged to
take care of it with proper diligence of a good father of a family unless the law or the
stipulation of the parties requires another standard of care. Under the Article there is an
obligation of the debtor in giving determinate thing;
 Preserve the thing 
 Deliver the fruits of the thing
 Deliver the accession and accessories
 Deliver the thing itself
 Answer for damages in case of breach

b) B doesn’t have the right for the colt of Suzie because according to article 1164. The
creditor has a right to the fruits of the thing from the time the obligation to deliver it
arises. Since Suzie gave birth to a colt on July 5 that means B doesn’t have the right to
the colt because Suzie gave birth or the colt born before the obligation to deliver the
horse has arisen. It means that S has the right to the colt.

c) The lawful owner and has the right to Suzie is T because T bought Suzie July 8 before
the date to be delivered to B. This case falls also under the article 1164. B doesn’t have
the right yet to Suzie because it was sold before the date that S and B agreed. 

4. This case will fall under Article 1175. It states that Usurious transaction shall be
governed by special laws. Usury is receiving interest in excess of the amount allowed by
law for the loan or use of money, goods, chattels, or credits. D (the debtor) will be liable
to pay interest if they expressly stipulated the payment of interest, have a written
agreement between C (the creditor), and D (the debtor) about the interest and if the
 interest is lawful. In addition, if there is no stipulation to interest the payment to the
interest will be void or invalid. 

5. In this case, R (lessor) has the right or still have to collect the rents of E (lessee) from the
month of January and February even though R (lessor) releases a receipt. In Article 1176.
The 2nd paragraph states that the receipt of a later installment shall likewise raise the
presumption that such installments have been paid. However, the presumption in
paragraph 2 of Article 1176 is not applicable if the receipt does not recite that it was
issued for a particular installment due to when the receipt is only dated. The receipt
issued by R (lessor) is dated Mach 2008 does not justify the inference that the rents for
January and February had been paid.