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Article 1163 – This provision specifically refers to an obligation to give specific thing or

determinate thing
Specific thing – It is particularly designated or segregated from its class
Generic thing - refers to a class or genus and cannot be pointed out with particularity
Use “I oblige myself” in citing examples

Duties Of Debtor In Obligation To Give Determinate (Specific Real


Obligation)”
1. Preserve the thing - take care with the diligence of a good father; ordinary
care or extraordinary care
Duties of debtor in obligation to deliver a generic thing
1. Preserve the thing – the debtor is obliged to exercise the care with the diligence of a
good father of a family. Unless: The Law or stipulation requires different standard of
care.
a. Diligence of a good father – it has been equated with ordinary care or an average
person’s care will give to his own property.
2. Another standard of care – However, if the Law or stipulation requires different
standard of care, slight or extraordinary diligence, said law or stipulation must prevail.
e.g. for instance, a common public transport driver is bound to carry the passenger
safely using utmost (extraordinary) diligence of a very cautious persons at all times and
circumstances.

These types of diligence only apply to a specific or determinate thing. Simply because a
generic thing is replaceable while the specific thing is irreplaceable.

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