Law 11 Notes
ART 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 requires another standard of care.
Specific or determinate – identified by tis individuality. Cannot substitute
Generic or indeterminate – refers only to a class or genus [genus nunquam perit: genus never perishes]
Duties of debtor in obligation to give a determinate thing
1. preserve the thing a. diligence of a good father or family b. another standard of care c. factors to be considered [force majeure: fortuitous events] d. reason for debtor’s obligation
2. deliver the fruits of the thing 3. deliver the accession and accessories 4. deliver the thing itself 5. answer for damages in case of non-fulfillment or breac
Duties of obligation to deliver a generic thing: 1. deliver the thing which is of the quality intended by the parties 2. to be liable for damages in case of fraud, negligence, delay. Etc.
ART. 1164 The creditor has the right to the fruits of the thing from the time the obligation to deliver arises. However, he shall acquire no real right over it until the sane has been delivered to him.
Different kinds of fruits: 1. natural gruits 2. industrial fruits 3. civil fruits
Personal right – the right of a person to demand from another the latter’s obligation to give, to do, or not to do.
Real right – the right or interest of a person over a specific thing without a definite passive subject
ART 1165 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 coplied with at the expense of the debtor.
Remedies of creditor in real obligation 1. in a specific real obligation a. demand specific performance b. demand rescission or cancellation
Specific or determinate – identified by tis individuality. Cannot substitute
Generic or indeterminate – refers only to a class or genus [genus nunquam perit: genus never perishes]
Duties of debtor in obligation to give a determinate thing
1. preserve the thing a. diligence of a good father or family b. another standard of care c. factors to be considered [force majeure: fortuitous events] d. reason for debtor’s obligation
2. deliver the fruits of the thing 3. deliver the accession and accessories 4. deliver the thing itself 5. answer for damages in case of non-fulfillment or breac
Duties of obligation to deliver a generic thing: 1. deliver the thing which is of the quality intended by the parties 2. to be liable for damages in case of fraud, negligence, delay. Etc.
ART. 1164 The creditor has the right to the fruits of the thing from the time the obligation to deliver arises. However, he shall acquire no real right over it until the sane has been delivered to him.
Different kinds of fruits: 1. natural gruits 2. industrial fruits 3. civil fruits
Personal right – the right of a person to demand from another the latter’s obligation to give, to do, or not to do.
Real right – the right or interest of a person over a specific thing without a definite passive subject
ART 1165 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 coplied with at the expense of the debtor.
Remedies of creditor in real obligation 1. in a specific real obligation a. demand specific performance b. demand rescission or cancellation