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The loss of a determinate thing through a fortuitous event will not extinguish an obligation, except:1 pointWhen the debt proceeds from a criminal offense and the creditor is in mora accipiendi.When the law provides that there shall be liability even in case of loss through a fortuitous event.When the debtor has incurred in delay.When the nature of the obligation requires the assumption of risks.

Question

The loss of a determinate thing through a fortuitous event will not extinguish an obligation, except:1 pointWhen the debt proceeds from a criminal offense and the creditor is in mora accipiendi.When the law provides that there shall be liability even in case of loss through a fortuitous event.When the debtor has incurred in delay.When the nature of the obligation requires the assumption of risks.

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Solution

The loss of a determinate thing through a fortuitous event will not extinguish an obligation, except in the following cases:

  1. When the debt proceeds from a criminal offense and the creditor is in mora accipiendi.
  2. When the law provides that there shall be liability even in case of loss through a fortuitous event.
  3. When the debtor has incurred in delay.
  4. When the nature of the obligation requires the assumption of risks.

In these cases, the obligation will not be extinguished despite the loss of the determinate thing.

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