Professional Documents
Culture Documents
Lesson 2
Lesson 2
Kinds of delivery
4. tradition constitutum possessorium-
- the opposite of brevi manu; thus the delivery whereby a possessor of a thing as an
owner, retains possession no longer as an owner, but in some other capacity)
5. tradition by the execution of legal forms and soleminities.
- like the execution of a public instrument selling land. (Deed of Sale)
Kinds of delivery
WHEN DOES THE OBLIGATION TO DELIVER ARISE?
Ans: It depends:
1. If there is no term or condition, then from the perfection of the contract.
2. If there is a term or condition, then from the moment the term arrives or the
condition happens.
NATURE AND EFFECT OF OBLIGATIONS
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.
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.
NATURE AND EFFECT OF OBLIGATIONS
CLASSIFICATION OF OBLIGATION FROM THE VIEWPOINT OF SUBJECT
MATTER.
1. Real Obligation – obligation to give.
a. to give a specific thing (set
apart from a class)
B. to give a generic or
indeterminate thing. (one of a
class)
2. Personal Obligation – obligation to do or not to do.
NATURE AND EFFECT OF OBLIGATIONS
SPECIFIC OR DETERMINATE THINGS
A thing is said to be specific or determinate when it is capable of particular designation.
Example:
1. This car;
2. The car owned by A on September 12, 2005;
3. The car with plate number 1814 (2005)
4. This particular picture of Maui in my notebook.
NATURE AND EFFECT OF OBLIGATIONS
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. A car;
b. a 2005 BMW automobile;
c. the sum of Php5 Million;
d. a kilo of sugar.