C.

Nature and Effect of Obligations

1. 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
2. Specific/Determinate Thing vs Generic Thing
A. Specific or Determinate Thing
- particularly designated or physically segregated others of the same class
- it is identified by its individuality
- the debtor cannot substitute it with another although the latter is of the same kind
and quality without the consent of the creditor
- Examples:
a. the watch I am wearing
b. the car sold by X
c. my dog named Terror
d. the house at the corner of Rizal and Del Pilar Streets
e. the Toyota car with plate No. AAV 316
f. this cavan of rice
g. the money I gave you
B. Generic or Indeterminate Thing
- refers only to a class or genus to which it pertains and cannot be pointed out with
particularity
- it is identified only by its specie
- the debtor can give anything of the same class as long as it is of the same kind
- Examples:
a. a Bulova calendar watch
b. the sum of P1000.00
c. a 1995 Toyota car
d. a cavan of rice
e. a police dog
Specific thing and Generic thing distinguished (as indicated above)
(1) Specific thing
- It is identified by its individuality
- the debtor cannot substitute it with another although the latter is of the same
kind and quality without the consent of the creditor.
(2) Generic thing
- it is identified only by its specie
- the debtor can give anything of the same class as long as it is of the same
kind.
EXAMPLE/ILLUSTRATION:
If Ss obligation is to deliver B a Bulova calendar watch, S can deliver
any watch as long as it is Bulova with calendar.

 But if Ss obligation is to deliver to B a particular watch, the one S is

wearing, S cannot substitute it with another watch without Bs
consent nor can B require S to deliver another watch without Ss
consent although it might be the same kind and value.
*Duties of debtor in obligation to give a determinate thing
1. Preserve the thing
a. Diligence of a good father of a family with ordinary care or diligence
which an average person exercises over his own property
b. Another standard of care slight or extraordinary diligence
c. Factors to be considered force majeure / fortuitous events
d. Reason for debtors obligation
2. Deliver the fruits of the thing
3. Deliver the accessions and accessories
4. Deliver the thing itself
5. Answer for damages in case of non-fulfillment or breach
*Duties of debtor in obligation to deliver a generic / indeterminate thing
1. To deliver a thing this is of the quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances.
2. To be liable for damages in case of fraud, negligence, or delay, in the
performance of his obligation