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Chapter4 section2.slide
 

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    Chapter4 section2.slide Chapter4 section2.slide Presentation Transcript

    • Section 2:Loss of the Thing Due
    • ART. 1262 deals with obligations that consists of a delivery of a determinate thing extinguished when loss or destroyed without the fault of the debtor and BEFORE he has incurred delay.
    • ART. 1263 when delivering a generic or indeterminate thing, loss or destruction does not extinguish the obligation
    • ART. 1264 court will determine if a partial loss is so important that extinguishing the obligation is needed
    • ART.1265 Debtor must prove that he was no fault for the loss of thing due because the loss of a thing in his possession is presumed to be his fault.
    • ART. 1266 The debtor in obligations to do shall also be released when the prestation becomes LEGALLY or PHYSICALLY IMPOSSIBLE without the fault of the obligor.
    • ART. 1267 When the service has become so difficult as to manifestly beyond the contemplation of the parties, the obligor may also be release there from, in whole or in part.
    • ART. 1268 proceeds from a criminal offense debtor shall no be exempted from the payment of its price of stole a phone, got hit by lightning when he was going to return it.
    • ART 1269 The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss.
    • ART 1269 The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss.