OBLIGATIONS AND CONTRACTS 3.

Factors to be considered – debtor is

CHAPTER 2 – NATURE AND EFFECT OF
OBLIGATIONS
ARTICLE 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.
not liable if his failure to preserve the
thing is not due to his fault but to
fortuitous events or force majeure.
4. Reason for debtor’s obligation –
without the accessory duty to take
care of the thing, debtor would be
able to afford being negligent and not
liable even if the property is lost or
destroyed, thus rendering illusory the
obligation to give.

SPECIFIC OR DETERMINATE THING DUTIES OF THE DEBTOR IN OBLIGATION TO

- If it is particularly designated or
physically segregated from other
same class.
- Identified by its individuality.
- Debtor cannot substitute a thing
(even if it has same kind and quality)
without the consent of the creditor.
DELIVER A GENERIC THING
1. Deliver a thing that has the quality
intended by the parties.
2. Be liable to the damages in case of
fraud, negligence, or delay.

GENERIC OR INDETERMINATE THING

- If it refers only to a class or genus
- Cannot be pointed out with
particularity. (not particularly)
- Identified only by its specie.
- Debtor can give anything of the same
class if it is of the same kind.

DUTIES OF DEBTOR IN OBLIGATION TO GIVE

A DETERMINATE THING
1. Preserve/take care of the thing due.
2. Deliver its accessions and accessories.
3. Deliver the thing itself.
4. Answer damages in case of non-
fulfillment.

OBLIGATION TO TAKE CARE OF THE THING

DUE
1. Diligence of a good father of a family
– incidental duty to take care of the
thing due. Ordinary care or that
diligence that an average person
exercises over his own property.
2. Another standard of care – if this is
applicable, said law or stipulation
must prevail. (fiduciary relationship of
a bank with its depositors)