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  • Art. 1165. When What Is To Be Delivered Is A Determinate Ting, The Creditor, in Addition To

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    This document discusses obligations to deliver specific or generic things under Article 1165 of the Civil Code. It defines specific things as those that can be particularly designated, like a car with a specific plate number, while generic things refer to a class that cannot be particularly pointed out, like a car or a sum of money. For specific things, the creditor can compel delivery from the debtor and the debtor is responsible for fortuitous events until delivery is made if there is delay or a promise to deliver the same thing to multiple parties. For generic things, the creditor can ask for compliance of the obligation at the debtor's expense.

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    art. 1165

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    This document discusses obligations to deliver specific or generic things under Article 1165 of the Civil Code. It defines specific things as those that can be particularly designated, like a car with a specific plate number, while generic things refer to a class that cannot be particularly pointed out, like a car or a sum of money. For specific things, the creditor can compel delivery from the debtor and the debtor is responsible for fortuitous events until delivery is made if there is delay or a promise to deliver the same thing to multiple parties. For generic things, the creditor can ask for compliance of the obligation at the debtor's expense.

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    © All Rights Reserved
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    40 views3 pages

    Art. 1165. When What Is To Be Delivered Is A Determinate Ting, The Creditor, in Addition To

    Uploaded by

    KinitDelfinCelestial
    This document discusses obligations to deliver specific or generic things under Article 1165 of the Civil Code. It defines specific things as those that can be particularly designated, like a car with a specific plate number, while generic things refer to a class that cannot be particularly pointed out, like a car or a sum of money. For specific things, the creditor can compel delivery from the debtor and the debtor is responsible for fortuitous events until delivery is made if there is delay or a promise to deliver the same thing to multiple parties. For generic things, the creditor can ask for compliance of the obligation at the debtor's expense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    Art. 1165.

    When what is to be delivered is a determinate ting, 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 fortuitous event
    until he has effected the delivery.

    Comment:

    (1) Classification of Obligation from the Viewpoint of Subject Matter of the obligation,
    obligations are divided into:
    (a) Real obligations (to give):
    To give specific thing (set apart from a class);
    To give generic or indeterminate thing (one of a class).

    (b) Personal obligations (to do or not to do)

    Art. 1165 Page 1


    (2) Specific or determinate things a thing is said to be specific or determinate when it
    is capable of particular designation.

    Examples: this car; the car owned by A on Sept. 12, 2005; the car with plate
    number 1814 (2005)

    (3) Generic or indeterminate things a thing is generic or indeterminate when it refers


    only to a class, to a genus, and cannot be pointed out with particularity.

    Examples: a car, a 2005 BMW automobile; the sum of P5 million; a kilo of sugar

    (4) Remedies of the creditor when the debtor fails to comply with his obligation
    (a) Demand specific performance or compliance of the obligation. (this is true
    whether the obligation be generic or specific)
    (b) Demand rescission or cancellation
    (c) Demand damages either with or without of the first two

    (5) Effect of fortuitous events


    As a rule obligation to deliver specific thing extinguished by a fortuitous events or
    act of god. Upon other hand, generic obligations are never extinguished by
    fortuitous events.

    Art. 1165 Page 2


    (6) fortuitous events does not exempt
    (a) if the obligors delays
    (b) if the obligor is guilty of bad faith

    Art. 1165 Page 3

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