NATURE AND EFFECT OF OBLIGATIONS

(Arts. 1163-1178)
Obligation to give- an obligation to give a thing may be either determinate or generic. It is determinate
when the object is particularly designated or physically segregated from all others of the same class. It is
generic or indeterminate when the object is designated merely by its class or genus without any
particular designation or physical segregation from all others of the same class.
Rights of creditor in determinate obligations- if the obligation to give is determinate, the rights of the
creditor are as follows:
1. To compel specific performance.

2. To recover damages for breach of the obligation. Besides

the right to compel specific performance, the creditor has also the right to recover damages from the
debtor in case of breach of the obligation through delay, fraud, negligence or contravention of the tenor
thereof.
Rights of creditor in generic obligations- if the obligation to give is generic, the rights of the creditor are
as follows:
1. To ask for performance of the obligation.

2. To ask that the obligation be complied with at the expense of the debtor.
3. To recover damages for breach of the obligation.
Obligations of debtor in determinate obligations- if the obligation to
give is determinate, the obligations of the debtor are as follows:
1. To perform the obligation specifically.

2. To take care of the thing with the proper diligence of a good father of a family.
3. To deliver all accessions and accessories of the thing, even though they may not have been
mentioned.
4. To be liable for damages in case of breach of the obligation by reason of delay, fraud, negligence or
contravention of the tenor thereof.