Nature and Effect of Obligations – Comprehensive Notes
3. Upon perfection if in a contract
Art. 1163. Every person obliged to give something is
also obliged to take care of it with the proper
diligence of a good father, unless the law or the
stipulation of the parties requires another standard
of care.
Determinate thing and generic thing
 A thing is said to be specific or determinate
particularly designated or physically segregated
from others of the same class. (Art. 1459.)
 A thing is generic or indeterminate when it
refers only to a class or genus to which it
pertains and cannot be pointed out with
particularly.
 A determinate thing is identified with its
individuality. The debtor cannot substitute it
with another although the latter is the same kind
and quality without the consent of the creditor.
 In the generic thing, the debtor can give the
same class as long as it’s the same kind.
Obligation of debtor to give a determinate thing
1. To take good care of the thing with the diligence
of a good father unless the law or the
stipulation of the parties requires another
standard of care.
 Diligence of a good father- ordinary
care of an average person to take care of
a thing.
 Another standard of care – if the law
or the stipulation of the parties requires
another standard of care (slight or
extraordinary), the said law or
stipulation must prevail.
 Factors to be considered- the diligence
required necessarily depends upon the
nature of the obligation and corresponds
with the circumstances of the person, of
the time, and the place. (Art. 1173.)
 Reason for debtor’s obligation – The
debtor must exercise diligence to ensure
the thing to be delivered would subsist
in the same condition as it was when the
obligation is contracted.
2. To the deliver the fruits of the thing.
 Kind of Fruits
1. Natural Fruit
2. Industrial Fruit
3. Civil Fruits
 When the creditor has the right to the
fruits of a determinate thing?
- The creditor has the right of the fruits of
a thing from the time the obligation to
deliver it arises. However, he shall
acquire no real right over it until the
thing has been delivered to him. (Art.
1164.)
 When the obligation to deliver the
thing arises
1. At the perfection If the
obligation is the subjected into
suspensive condition.
2. Upon the fulfillment of the
condition if it is subjected to
suspensive condition.
of sale even if it is subjected
into condition.
 Right of the creditor
1. Personal right- right which one
person may be enforced on
another. Also known as jus in
personam or jus ad rem.
2. Real right- right or power to a
specific thing such as
ownership, which is enforceable
to the world. Also known as jus
in re.
3 To deliver its accession and accessories even if they
have not mentioned.
a. Accessions- everything that is produced by a
thing or attached thereto, either naturally or
artificially.
b. Accessories – Included in principal thing for the
latter use, perfection, or enjoyment. (key,
charger, etc. )
Remedies of the creditor
1. If the debtor fails to perform his obligation to
deliver a determinate thing.
a. Compel the debtor to make the delivery.
(Art. 1165)
b. To demand damages from the debtor (Art
1170)
2. If the debtor fails to perform his obligation to
deliver a generic thing.
a. To ask that the obligation be complied with
at the expense of the debtor. (Art. 1165)
b. To demand damages from the debtor. (Art.
11700
3. If the debtor fails to perform his obligation in
obligations to do
a. If the debtor fails to perform the obligation
or performs it but contravenes to the tenor
thereof –
1. Creditor may have the obligation to
execute at the expense of the debtor.
2. He may also demand damages from the
debtor.
b. If the debtor performs the obligation but
does it poorly
1. Creditor may have the same be undone
at debtor’s expense.
2. He may demand damages from the
debtor.
4. If the debtor does what has been forbidden him.
a. The creditor may demand that has been done
be undone.
b. He may demand damages from the debtor.