Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper
diligence of a good father of a family, unless the law or the stipulation of the parties requires another
standard of care.
Art. 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it
arises. However, he shall acquire no real right over it until the same has been delivered to him.
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.
Personal Right - a right pertaining to a person to demand from another, as a definite passive subject, the
fulfi llment of a prestation to give, to do or not to do.
Kinds of Delivery
Actual Delivery - consists in placing the thing which is the object of the obligation in the control and
possession of the vendee.
Legal or Constructive Delivery – the thing is not actually transferred but is considered delivered by
operation of law.
1.
2.
3.
4.
5.
Execution of a public instrument
Symbolical tradition (traditio symbolica)
Mere consent of parties (traditio longa manu)
Previous possession not in the concept of owner (traditio brevi manu)
Retains possession in different concept (traditio constitutum possessorium)
Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right
granted him by Article 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense
of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have
the same interest, he shall be responsible for any fortuitous event until he has effected the delivery.
Remedies of an obligee/creditor in case of failure of the obligor/debtor if thing is specific/determinate.
1. To compel specific performance
◦
specific performance - requiring exact performance of a contract in the specific form in
which it was made, or according to the precise terms agreed upon.
2. To recover damages for breach of the obligation.
Remedies of an obligee/creditor in case of failure of the obligor/debtor if thing is generic/
indeterminate.
1. To ask for performance of the obligation.
2. To ask that the obligation be complied with at the expense of the debtor.
3. To recover damages for breach of the obligation.
Obligations of obligor/debtor in specific/determinate obligations.
1. To perform the obligation specifically.
2. To take care of the thing with the proper diligence of a good father of a family.
3. To deliver all accessions and accessories of the thing, even though they may not have been
mentioned.
4. To be liable for damages in case of breach of the obligation by reason of delay, fraud,
negligence or contravention of the tenor thereof.
Obligations of obligor/debtor in generic/indeterminate obligations.
1. To deliver a thing which is neither of superior nor inferior quality.
2. To be liable for damages in case of breach of the obligation by reason of delay, fraud,
negligence or contravention of the tenor thereof.