Art.

1165 When what is to be delivered is a determinate thing, the creditor, in addition to the right
granted him by art. 1170, may compel the debtor to make the delivery.

1. Specific, unique (may compel or demand to the debotr)

2. Generic (comply at the expense of the debtor)

If the thing is indeterminate or generic, he may ask that the obligation be complied with at the
expense of the debtor.

If the obligation 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 fortuitous event until he has effected the delivery

Fortuitous event ( act of god)

1. Obligation to give specific thing is extinguish.

Art.1166 obligation to give specific a determinate thing includes that of delivering all its acessions and
accessories, even though they may not have been mentioned.(exeption is if there is a stipulation that
the accession and accesories need nor be included)

2. Obligation to give Generic thing is non extinguish and replacement be demanded.

Exeptions of fortuitous event

a. If the debtor delays ( mora)

b. If the obligor is guilty of bad faith.

Ordinary delay – non performance at stipulated time.

Default ( legal delay)- amount to nonfulfillment of obligation.(must have a judicial or extra judicial
demand of fulfillment) (exeption is when the law provides that demand is not need,or

Art. 1167 if a person oblidge to do something fails to do it, the same shall be executed at his cost.(sha
mag bayad)

The same rule shall be observe 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.

Art. 1168. when the obligation consists in not doing, and the obligor does what has been forbidden
him, it shall be undone at his expense.

Art. 1169 those obliged to deliver or to do something incur delay (legal delay) from the time the
obligee judicially or extra judicially demands from them the fulfillment of their obligation.

However, the demand by the creditor shall not be neccessary in order that delay may exist.

1. When the obligation or the law expressly so declares; or

 2. When from the nature and the circumstances of the obligation it appears that the
designation 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 the demand would be useless, as when the obligor has rendered it beyond this
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 be the other begins.

Remedies:

Remedies of the creditor when the debor fails to comply with his obligations( To give, art.1165)

a. Demand specific performance of the obligation

b. B. Demand rescission or cancellation
c. Demand damages with or without either of a or b

Remedies of the creditor if debtor fails to do(art.1166)

a. Have the performance( by himself or another) at the debtors expense(if there is a choice).
b. Obtain damages(art. 1170 of the civil code,damages alone cannot substitute for performance if
owners can do it; if purely personal or special – as a painting to be done by reputable artist- only
damages may be asked, unless substitution is permitted.)

Things may be undone

a. Made poorly (permance and damages may be demanded art. 1167)

b. Obligation is Negative one ( undoing is possible)