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Article 1246

When the obligation consists in the delivery of an indeterminate or generic thing, whose
quality and circumstances have not been stated, the creditor cannot demand a thing of
superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of
the obligation and other circumstances shall be taken into consideration. (1167a)

Both parties must adhere to what is reasonable and customary for such transactions, considering
the purpose and context of the obligation.
Example:
Suppose that A, a farmer, agrees to sell a cow to B, a neighbor. However, their agreement does
not specify the exact cow to be delivered; instead, it merely states that A will deliver "a cow."

Now, A has several cows of varying ages, sizes, and conditions. B expects to receive a healthy,
young cow suitable for milking.

Scenario 1: A delivers a young, healthy cow to B, which meets her expectations. In this case, A has
fulfilled his obligation according to Article 1246. Even though the agreement did not specify the
exact qualities of the cow, A delivered a cow of satisfactory quality, considering the purpose of
the obligation (providing B with a cow for milking).

Scenario 2: A delivers an old, sickly cow to B, which is not suitable for milking. In this scenario, B
could argue that Juan has breached the agreement by delivering a cow of inferior quality.
According to Article 1246, the creditor (B) cannot be compelled to accept a thing of inferior
quality. Thus, B could refuse to accept the cow and demand the delivery of a cow of suitable
quality.

Scenario 3: A offers to deliver a superior breed of cow, such as a prized dairy cow, to B, expecting
her to pay a higher price. However, B insists on receiving an ordinary cow, as that was the nature
of their agreement. In this case, B can argue that A cannot demand a thing of superior quality, as
per Article 1246. The purpose of the obligation was to provide a cow for ordinary use, not a
premium breed.

Adjudication typically involves resolving disputes or claims through legal proceedings. However,
in the context of Article 1246, the focus is on interpreting and applying the terms of the
obligation itself, particularly regarding the quality and circumstances of the thing to be delivered.
If a dispute were to arise between the debtor and creditor regarding the quality of the thing to be
delivered, it would likely be resolved through interpretation of the contract terms and relevant
legal principles rather than through adjudication in a formal legal proceeding.