SPECIFIC OR

DETERMINATE
and
GENERIC OR
INDETERMINATE
THING
Article 1163
Every person obliged to give something is also obliged to
take care of it with the proper diligence of a good father of
a family, unless the law or the stipulation of the parties
acquires another standard of care.
 Standard of Care:
Diligence of a Good Father of
Family

Required by law or stipulation:

Extraordinary Diligence
SPECIFIC or DETERMINATE THING
Article 1146
A thing is determinate is when it is particularly designated or
physically segregated from all others of the same class

A thing is also determinate if at the time the contract is entered

into, the thing is capable of being made determinate without the
necessity of any further agreement between the parties.
Defines:
 Identified by its individuality

 Cannot be substituted without the

consent of the creditor

SPECIFIC THING
Examples:
 The exact watch I am wearing
 The car sold by X
 My dog name Terror
 The Toyota car with Plate No. AAV
316 (2008)

SPECIFIC THING
GENERIC OR INDETERMINATE THING
Defines:
 Identified by its specie
 Can be substituted as long as it is of the same
kind
 Refers only to a class/genus to which pertains
and cannot be pointed out
 Not particularly designated or physically
segregated from all others of the same class (The
thing can be replaced by another thing that is of
the same quality).

GENERIC THING
Examples:
 Watch (any kind of Rolex watch or as
long as the same brand)
 Bottle of wine (brand of wine)
 Dog (any dog depends on what breed)
 Car (brand of a car)
 House (like for example living in a
subdivision w/ the same unit)

GENERIC THING
Article 1156
When what is to be delivered is a determinate thing, the creditor, in addition to
the right granted him by Article 1170, may compel the debtor to make the
delivery.

If the thing is indeterminate or generic, he may ask that the obligation be

complied with at the expense of the debtor

If the obligor delays, or has promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be responsible for any
fortuitous event until he has affected the delivery
Article 1170

Those who in the performance of their obligations are

guilty of fraud, negligence, or delay, and those who in
any manner contravene the tenor thereof, are liable
for damages.
 
Article 1262
An obligation which consists in the delivery of a determinate thing
shall be extinguished if it should be lost or destroyed without the
fault of the debtor, and before he has incurred in delay.

When by law or stipulation, the obligor is liable even for fortuitous

events, the loss of the thing does not extinguish the obligation, and
he shall be responsible for damages. The same rule applies when
the nature of the obligation requires the assumption of risk.
 Why is it
Important to
know if a thing
is determinate
or
indeterminate?
 END OF THE DISCUSSION

“ Ignorance of the law excuses noArt.one “

3, R.A. 386