Article 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 Meaning of Personal Right and Real right:
stipulation of the parties requires another standard of care. (1094a)”
1. Personal Right
⁃ Specific versus Generic thing: Determinate or indeterminate thing. - Right or power of a person to a debtor.
- There is a definite passive and active subject.
Duties of Debtor in an obligation to give. 2. Real right
1. Preserve or take care of the thing. - right or interest of a person over a specific thing.
2. Deliver the fruits of the thing. - There is only a definite active subject without a definite passive
3. Deliver the accessions and accessories. subject.
4. Deliver the thing itself.
5. Answer for damages in case of non-fulfillment or breach. Article 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
Duties of the debtor in obligation to deliver a generic thing. the delivery.
1. To deliver a thing which is of quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances. If the thing is indeterminate or generic, he may ask that the
2. To be liable for damages in case of fraud, negligence, or delay. obligation be complied with at the expense of the debtor.
Article 1164: The creditor has a right to the fruits of the If the obligor delays or has promised to deliver the same thing to two
thing from the time the obligation to deliver it arises. However, he shall acquire no or more persons who do not have the same interest, he shall be responsible for
real right over it until the same has been delivered to him. (1095)” fortuitous event until he has affected the delivery.”
Different kind of Fruits: Remedies of a creditor in Real Obligation:
1. Natural Fruits – spontaneous product of the soil, and the young, and other
products of animals. (1) In a specific real obligation (obligation to deliver a determinate thing), the
Examples: Grass, all trees, and Plants… creditor may exercise the following:
2. Industrial fruits – produced by lands with the help of cultivation or labor. a. Demand specific performance or fulfillment (if it is still possible) of
Example: Sugarcane, vegetables, rice, and all products brought about by the obligation with a right to indemnity for damages; or
human labor. b. Demand recission or cancellation of the obligation also with a right to
3. Civil fruits – derived by virtue of a juridical relation. recover damages. In case of recission, the parties must return what they
Examples: Rents of buildings, price of leases of lands… to each other what they receive.
c. Demand Payment for damages.
When obligation to deliver fruits arises:
NOTE: It should be made clear that the law does not mean that the creditor can
(1) The obligation to deliver a thing or fruits, arises from the time of the use force or violence upon the debtor.
perfection of the contract. Perfection refers to the birth of the contract.
(2) If it is subject to suspensive condition or period, it arises upon the (2) A generic real obligation (obligation to deliver a generic thing) can be
fulfillment of the condition or arrival of the term. However, the parties performed by the third person. Thus, it is not necessary for the creditor to
may make a stipulation to the contrary as regards the right of the creditor to compel the debtor to make delivery, although he may ask for performance
the fruits of the thing. of the obligation. In any case, the creditor has the right to recover damages
(3) In a contract of sale, the obligation arises from the perfection of the under article 1170 in case of breach or violation of the obligation.
contract even if it is subject to suspensive condition where the price has
been paid. Where debtor delays or has promised delivery to separate creditors.
(4) In obligations arising from law, quasi-contracts, delicts, and quasi-delicts,
the time of the performance is determined by the specific provisions of the Paragraph 3 gives two instances:
law applicable.
(a) Fortuitous event does not exempt the debtor from responsibility.
(Determinate thing)
(b) An indeterminate thing cannot be the object for destruction by a fortuitous
event because genus nunquam perit (genus never perishes).
Article 1166: “The obligation to give a determinate thing includes that of delivery
of all its accessions and accessories, even though they may not have been
mentioned. (1097a)”
Meaning of accessions and accessories:
(1) Accessions – the fruits of the thing, additions to or improvements of the
thing.
Examples: House or trees on a land, air conditioner on a car…
(2) Accessories – things joined to or included with the principal thing for the
latter’s embellishment, better use, and completion.
Examples: Key of a house, frame of a picture, bracelet of a watch…
Right of creditor to accessions and accessories:
- GENERAL RULE: all accessions and accessories are considered
included in the obligation to deliver a determinate thing although they
may not have been mentioned.
- TO BE EXCLUDED: There must be a stipulation to effect.
Article 1167. If a person obliged to do something fails to do it, the same shall be
executed at his cost. This same rule shall be observed if he does it in contravention
of the tenor of the obligation. Furthermore, it may be decreed that what has been
poorly done be undone. (1098)
Situations contemplated in Article 1167.
Article 1167
