Obligation to take care of

ART. 1163 the thing due.

ART. 1163. Every person obliged to give Diligence of a good father of a family
something is also obliged to take care of it  Ordinary care/ Ordinary diligence/ due
with the proper diligence of a good father diligence
of a family, unless the law or the  Standard - If there is no stipulation
stipulation of the parties requires another providing for the diligence of the
standard of care. debtor, you must follow the diligence of
The provision refers to give a specific or a good father of a family.
determinate thing.
Another standard of care.
In obligation, the first thing to do is to  if the law or the stipulation of the
determine if the thing is specific or generic. parties provides for another standard
SPECIFIC GENERIC of care, said law or stipulation must
OR OR prevail.
DETERMINATE INDETERMINATE
THING THING Duties of debtor in obligation to
Particularly Refers only to a class
designated or to which it pertains deliver a generic thing.
physically and cannot be
segregated from all pointed out with 1. To deliver a thing which is of the
others of the same particularity quality intended by the parties.
class 2. To be liable for damages in case of
Identified by its Identified only by its fraud, negligence, or delay, in the
individuality specie performance of his obligation
The debtor cannot The debtor can give
substitute the anything of the same
subject without the class as long as it is
consent of the of the same kind.
creditor
.
Duties of debtor in obligation to
give a determinate thing.
1. To preserve or take care of the thing
due.
2. To deliver the fruits of the thing.
3. To deliver the thing itself
4. To answer for damages in case of
non-fulfillment or breach.
5. To deliver its accessions and
accessories.

ART. 1164
ART. 1164. The creditor has a right to the
fruits of the thing from the time the
obligation to deliver it arises. However, he
shall acquire no real right over it until the
same has been delivered to him.

Rights of the creditor to the fruit.

Kinds of Fruits
Natural Fruit – no human intervention; e
spontaneous products of the soil, and the
young and other products of animals.

Industrial Fruit – produced by any kinds of

land through cultivation or labor.

Civil Fruit – derived by virtue of juridical

relation.

Right of creditor to the fruits.