OBLICON CHAPTER 2 -the word “only” is an indicator that the dog is a

specific thing.
(Nature and Effects of Obligations)
2. Benben obliged himself to give you his car with
Articles 1163-1178 a Plate No. AAV 344 as a birthday gift.

ART. 1163. Every person obliged to give -the reason why this is a specific thing since it

something is also obliged to take care of it with clearly stated the plate number of the car.

the proper diligence of a good father of a family, Obligation to a determinate thing:

unless the law or the stipulation of the parties
They are:
requires another standard of care.
 To preserve or take care of the thing due
Two types of obligations according to its prestation:
 To deliver the fruits of the thing
 Real Obligations  To deliver its accessions and accessories
-To give specific or determinate thing  To deliver the thing itself
-To give generic thing  To answer for damages in case of non-
 Personal Obligations fulfillment or breach.
-Positive (to do)
-Negative (not to do)  Real Obligation (generic thing)

Real Obligations -Meaning of generic or indeterminate thing

A thing is generic or indeterminate when it
 Real Obligation (specific or determinate thing)
refers only to a class or genus to which it
-Meaning of specific or determinate thing.
pertains and cannot be pointed out with
The above provision refers to an obligation
particularity.
to give a specific or determinate thing. A thing is
said to be specific or determinate when it is Examples under the real obligation (generic thing):

particularly designated or physically segregated 1. Paula bound herself to deliver you a dog
from all others of the same class. tomorrow.

Examples under the real obligation (specific or 2. Benben obliged himself to give you a car with a

determinate thing): as a birthday gift.

3. Sean bound himself to give Eiv P10,000
1. Paula bound herself to deliver you her only dog
tomorrow.
tomorrow.
-the reason why this is a generic thing since it is
-The reason why this is a specific thing since it
an obligation to give money.
clearly stated that Paula will deliver her ONLY
dog.

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 NOTE: When it is an obligation to give money, this
automatically is a generic thing.
4. Hanna obliged herself to deliver a cake on Eiv’s
birthday.
-the reason why this is a generic thing since we
don’t know what kind of cake will Hanna give.
Duties of debtor in obligation to deliver a generic
thing.
They are:
 To deliver a thing which is of the quality
intended by the parties taking into consideration
the purpose of the obligation and other
circumstances; and
 To be liable for damages in case of fraud,
negligence, or delay, in the performance of his
obligation, or contravention of the tenor thereof.
Distinguished specific or determinate thing and
generic thing:
 A specific or determinate thing is identified by
its individuality. The debtor cannot substitute it
with another although the latter is of the same
kind and quality without the consent of the
creditor.
 A generic thing is identified only by its specie.
The debtor can give anything of the same class
as long as it is of the same kind.
Personal Obligations
 Positive (to do)
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Examples under the positive personal obligation (to
do):
1. Benben bound himself to fix Sean’s car the
following day.
-the reason why this is a positive personal
obligation because you giving a service.
2. Sherry obliged herself to wash Joy’s uniform
before school starts.
Examples under the negative personal obligation
(not to do):
1. Hanna and Eiv agreed not to build any structure
on the boundaries of their properties.
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.
Obligations of the debtor and rights and remedies of
the creditor
NOTE: Don’t confuse this with rights of creditors
over a thing which includes Real Right & Personal
Right.
Under the obligations of the debtor are:
 Obligation to give specific or determinate thing
 Obligation to give generic thing
 Obligation to do
 Obligation not to do
Under the obligations of the rights and remedies of
the creditor are:
  Principal Rights produced without the intervention of human
 Subsidiary Rights labor.

What are industrial fruits?

 Industrial fruits are those produced by lands of

any kind through cultivation or labor, e.g., sugar
cane; vegetables; rice; and all products of lands
brought about by reason of human labor.

What are civil fruits?

 Civil fruits are those derived by virtue of a

juridical relation, e.g., rents of buildings, price
of leases of lands and other property and the
amount of perpetual or life annuities or other
similar income.

Different kinds of fruits:

 Natural
 Industrial
 Civil

What are natural fruits?

 Natural fruits are the spontaneous products of

the soil, and the young and other products of
animals, e.g., grass; all trees and plants on lands

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