1.

Kinds of delay
a. Mora Solvendi Delay on the part of the obligor ( Mora Solvendi Ex redelay on real obligation; Mora Solvendi Ex Persona delay on personal
obligation)
Requisites:
1. Obligation is demandable and liquidated
2. Non-performance of the obligation/ delay in performance
3. There must be a demand unless demand is not necessary
4. The demand must be for the obligation that is due.
b. Mora Accipiendi delay of the oblige or creditor to accept the delivery of
the thing which is the object of obligation
c. Compensatio morae delay of the parties or obligors in reciprocal
obligation
2. CC provides: Fruits
Art 442 of the
a. Natural fruits are the spontaneous product of the soil and the young and
other products of animals.
b. Industrial Fruit produced by lands of any kind through cultivation or
labor.
c. Civil Fruits rents, prices of leases,and the amount of perpetual or life
annuity or other similar income. (derived by juridical relation)
3. Remedies in obligation to do:
a. To have the obligation performed at the expense of the debtor.
b. To ask for damages
If there has been contravention of the tenor:
a. To have the obligation performed at the expense of the debtor.
b. To ask what has poorly done be undon
c. To ask for damages
Remedies in obligation to give generic thing
a. To ask performance of the obligation
b. To ask that the obligation be complied with at the expense of the debtor
c. To recover damages
Remedies in obligation to give determinate thing
a. Compel specific performance
b. To recover damages
Remedies in obligation not to do
a. Undoing of what has been done
b. Plus damages
4. Real Obligation vs Real right

Real right right pertaining to a person over a specific thing, without a

passive subject individually determined against whom such right may be
personally enforced. It is a right enforceable against the whole world.
Personal Obligation vs Personal Right
Personal right It is a right pertaining to a person to demand from another
as a definite passive subject, the fulfillment of the prestation of the
obligation. It is a right enforceable only against a definite person or persons.

5. Kinds of deliver
a. Actual delivery where physically, the object changes hands
b. Constructive delivery
a. Traditio symbolica is by delivery of a symbol representing the
thing which is delivered, such as the key to a warehouse.
b. Traditio longa manu by the grantor pointing out to the grantee the
thing which is delivered which at the time must be withing sight.
c. Traditio brevi manu is when the grantee is already in possession
of the thing under a title which is not of ownership, such as when the
lessee purchases from the lessor the object of the lease.
d. Traditio constitutum possessorium by the grantor alienates a
thing belonging to him, but continues in possession thereof under a
different title, such as that of a lessee, pledgee or depositary.
e. Quasi-tradicion is used to indicate the exercise of a right by the
grantee with the acquiescence of the grantor, such as delivery which
may be made by the execution of a public instrument with respect to
incorporeal property. (See Art. 1501)