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Obligations Compliance with Obligation

b. Industrial produced by land of any kind through cultivation or labor c. Civil result of a juridical relation

I.

Real Obligations to give Specific/Determinate Generic/Indeterminate Designated merely by its class or genus 4. Article 1163

Identified by its individuality Particularly designated or physically segregated from all others of the same class

To take care of the thing with the proper diligence of a good father of a family (ordinary diligence) XPN: Unless the law requires another standard of care Or Parties stipulate another standard of care

A. Real Obligation to Deliver Specific Thing 1. Article 1244 To deliver the thing itself and not another even if it is of higher quality or value 2. Article 1165 To deliver the thing without delay To not promise to deliver the same thing to 2 or more persons who do not have the same interests GR: Creditor will be liable for fortuitous event XPN: when one acts as an agent of another 3. Article 1166 & 1164 To deliver all accessions, accessories, and fruits of the thing even if these are not mentioned in the contract Accessions additions to/improvements to the thing Accessories those joined to or included with the principal for the latters better use, perfection or enjoyment Types of Fruits a. Natural spontaneous products of the land, the young & other products of animals Notes by Stephanie Dawn Sibi Gok-ong OBLICON

B. Real Obligation to Deliver Generic Thing 1. Article 1165 To deliver the thing without delay To not promise to deliver the same thing to 2 or more persons who do not have the same interests GR: Creditor will be liable for fortuitous event XPN: when one acts as an agent of another 2. Article 1246 to deliver the thing which is of the right or superior quality Creditors cannot demand a higher quality Debtor cannot deliver inferior quality

Atty. Daryl Bretch Largo

USC

II.

Personal Obligations to do or not to do

A. Positive Personal Obligation to do 1. Article 1244 To do the specific act or substitute another act with the consent of the creditor Remedies: Not purely personal obligation a. Substitution obligation will be executed at debtors expense Article 1167 b. Damages Purely personal obligation a. Damages only Specific performance cannot be availed of since it constitutes Involuntary Servitude - Article III, Sec 18(1)

Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, and 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 effected the delivery. Art. 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone Art. 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Art. 1244. The debtor of the thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligees will. Art. 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.

B. Negative Personal Obligation not to do 1. To not do what should not be done 2. Article 1168 To shoulder the cost to undo what should not have been done 3. Article 1170, 2201 & 2201 Damages

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. Art. 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

Rights of the Creditor to the Fruits of the Thing Article 1164 Real Right After delivery Jus in re Enforceable against the whole world No definite passive subject A right over a specific thing Personal Right Before delivery Jus ad rem Enforceable only against a definite person or group of persons Has a definite passive subject Right to demand, from another, the fulfilment of the prestation to give, to do, or not to do

i. A simulated sale or even a genuine sale as long as there is no delivery of the object does not transfer ownership Delivery of Ideal or Pro Indiso Share i. Usually symbolically or constructively

Rules on Fortuitous Events GR: XPN: 1. When debtor is in legal default Article 1165 2. When debtor acted in bad faith promising to deliver the specific thing to 2 or more persons who do not share the same interest 3. When it is an obligation to deliver a generic thing Debtor is not liable for fortuitous events

Kinds of Delivery 1. Actual (Tradition) Physical transfer of ownership 2. Constructive Implied transfer of ownership Kinds: i. Traditio Simbolica giving of car key ii. Traditio Longa Manu delivery by mere consent iii. Traditio Brevi Manu owner becomes mere possessor like owner becomes lessee iv. Traditio Constitutum Possessorium possessor becomes owner like lessee buys apartment v. Tradition by Execution of Legal Forms and Solemnities Cruzado vs Bustos Rescission Resolution Damages Substitution Resolution Damages Specific Real Obligation Specific Performance

Remedies Generic Real Obligation Specific Performance Positive Personal Obligation Substitution Negative Personal Obligation To have the thing undone at debtors expense

Damages

When can a Thing be Undone 1. When it is in contravention of the tenor of the obligation 2. When it is made poorly

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC