Articles Description
Every person obliged to give something is also
obliged to take care of it with the proper diligence
Article 1163 of a good father of a family, unless the law or the
stipulation of the parties requires another
standard of care.
The creditor has a right to the fruits of the thing
from the time the obligation to deliver it arises.
Article 1164
However, he shall acquire no real right over it
until the same has been delivered to him.
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
Article 1165
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.
The obligation to give a determinate thing
includes that of delivering all its accessions and
Article 1166
accessories, even though they may not have been
mentioned.
If a person obliged to do something fails to do it,
the same shall be executed at his cost.
Article 1167 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.
When the obligation consists in not doing, and
Article 1168 the obligor does what has been forbidden him, it
shall also be undone at his expense.
Those obliged to deliver or to do something incur
in delay from the time the obligee judicially or
extrajudicially demands from them the
fulfillment of their obligation.
However, the demand by the creditor shall not be
necessary in order that delay may exist:
(1) When the obligation or the law expressly so
declare; or
(2) When from the nature and the circumstances
of the obligation it appears that the designation
Article 1169 of the time when the thing is to be delivered or
the service is to be rendered was a controlling
motive for the establishment of the contract; or
(3) When demand would be useless, as when the
obligor has rendered it beyond his power to
perform.
In reciprocal obligations, neither party incurs in
delay if the other does not comply or is not ready
to comply in a proper manner with what is
incumbent upon him. From the moment one of
the parties fulfills his obligation, delay by the
other begins.
Those who in the performance of their
obligations are guilty of fraud, negligence, or
Article 1170
delay, and those who in any manner contravene
the tenor thereof, are liable for damages.
Responsibility arising from fraud is demandable
Article 1171 in all obligations. Any waiver of an action for
future fraud is void
Responsibility arising from negligence in the
performance of every kind of obligation is also
Article 1172
demandable, but such liability may be regulated
by the courts, according to the circumstances.
The fault or negligence of the obligor consists in
the omission of that diligence which is required
Article 1173
by the nature of the obligation and corresponds
with the circumstances of the persons, of the time
and of the place. When negligence shows bad
faith, the provisions of articles 1171 and 2201,
paragraph 2, shall apply.
If the law or contract does not state the diligence
which is to be observed in the performance, that
which is expected of a good father of a family
shall be required.
Except in cases expressly specified by the law, or
when it is otherwise declared by stipulation, or
when the nature of the obligation requires the
Article 1174 assumption of risk, no person shall be
responsible for those events which could not be
foreseen, or which, though foreseen, were
inevitable.
Usurious transactions shall be governed by
Article 1175
special laws.
The receipt of the principal by the creditor
without reservation with respect to the interest,
shall give rise to the presumption that said
interest has been paid.
Article 1176
The receipt of a later installment of a debt
without reservation as to prior installments, shall
likewise raise the presumption that such
installments have been paid.
The creditors, after having pursued the property
in possession of the debtor to satisfy their claims,
may exercise all the rights and bring all the
Article 1177 actions of the latter for the same purpose, save
those which are inherent in his person; they may
also impugn the acts which the debtor may have
done to defraud them.
Subject to the laws, all rights acquired in virtue of
Article 1178 an obligation are transmissible, if there has been
no stipulation to the contrary.
