PARTIES IN THE DELIVERY

A project owner/ developer B supplier WHEN MUST DELIVERY MUST BE MADE:

of materials
Absence of Stipulation creditor can
demand ANYTIME provided that there
is a sufficient time to fulfill the
GEN. RULE:
obligation
In Pure Obligations the delivery
Only Debtor and Creditor can be
must be made upon the Fulfillment of
compelled to Perform and to Accept
the Purpose of the Obligation
respectively the Performance of the
Obligation To deliver the certificate of title in the
Delivery and Acceptance by OTHER name of the buyer 4 months from the
person perfection of the contract
BREACH o CONDITIONAL Upon release
of loan
EXCEPTIONS: o TERM on March 1, 2016

1) Delivery by the creditor may be made If there is a STIPULATED CONDITION

by a DULY AUTHORIZED o Delivery or performance shall
REPRESENTATIVE valid be made on the happening of
o Those empowered by a contract the condition
o SPA duly notarized to bind Condition is always an
the grantor and agent and 3rd uncertain event
parties TERM stipulation of Period
o Delivery shall be made only
The authority may come from a after the Expiration of the
Judicial Appointment period of term
o As the Guardian for the insane
debtor or creditor
2) By Subrogee by SUBROGATION or
Substitution. DIFFERENCE OF CONDITION AND A TERM
o Subrogation applies to the
- Condition Uncertain
Creditor
- Term of Period Certain event
o When another acquires the
o Exclude the 1st day, include the
Right of the Creditor thru
last day
Subrogation
o In case of Substitution, when
another duly acquires the Duty
of the Debtor If the delivery or the performance is
There is a CHANGE in the Identity of not made at the prescribed or
the Parties stipulated time a BREACH occurs.
o Implies that when the obligation
was created and up to the time
when the obligation is to be
HOW TO DELIVER
fulfilled there is a change in the
parties 1) Actual delivery actual physical
Subrogation and Substitution are transfer of movable property
called NOVATION in the Obligation
2) Constructive delivery
a. Traditio Symbolica Owner becomes a mere
b. Traditio Longga Manu what is tenant
pointed out is what is delivered Change of character of
If the object of the possession
delivery is LAND, the
Meets and Bounds must
be Specific
Must be accompanied Registered Land its the registration in the
name of the buyer that completes the
with the technical
delivery and ownership
description of the land
itself in order to effect Unregistered land execution of Deed of
the transfer of the Sale is sufficient form of constructive
certificate of title delivery
c. Traditio Brevi Manu the
debtor is already in possession
of the property before the
transfer of ownership PRESTATION TO DO
Its the character of the
Positive To Do requires the giving of
possession which
services or performance of an to conclude a
changes
From Temporary or pre-existing obligation
Provisional Possession to Negative Not to Do requires refraining
Ownership from or desisting from committing an act
d. Constitutum Possessorium
opposite of brevi manu