HANDOUT NO.

The different rights which are available to the CREDITOR in obligations

to GIVE (Real obligation) –

A. If the obligation is DETERMINATE (in the sense that the object

thereof is particularly designated or physically segregated from all
others of the same class)

1) To compel specific performance or fulfillment of the obligation

with a right to indemnity for damages (Art. 1165, par. 1, CC)
2) To demand rescission or cancellation (in certain cases) of the
obligation with a right to indemnity for damages. (Art 1170, CC)
3) To recover damages in case of breach of the obligation. (Art
1170, CC)

B. If the obligation is INDETERMINATE OR GENERIC (i.e. when it

refers only to a class or genus to which it pertains without any
particular designation or physical segregation from all others of the
same class)

1) To ask for performance of the obligation. (Art. 1246, CC)

2) To ask that the obligation be complied with at the expense of the
debtor. (Art. 1165, par. 2, CC)
3) To recover damages in case of breach of the obligation. (Art.
1170, CC)

The different obligations/duties which are imposed upon the DEBTOR

or OBLIGOR in obligations to GIVE (Real obligation) –

A. If the obligation is DETERMINATE –

1) To deliver the thing which he has obligated himself to give.

2) To take care of the thing with the proper diligence of a good
father of a family. (Art. 1163, CC)
3) To deliver all its accessions and accessories. (Art. 1166, CC)
4) To pay damages in case of breach of the obligation. (Art. 1170,
CC)

B. If the obligation is INDETERMINATE or GENERIC --

1) To deliver a thing which must be neither of superior nor inferior

quality. (Art. 1246, CC)
2) To pay damages in case of breach of the obligation. (Art. 1170,
CC)