Article 1165

Remedy of the Creditor/Obligee

1) Specific Performance action filed in court to compel the debtor to perform his
obligation to give the thing, whether generic or specific. (does not include the
prestation to do or not do)
If the object to give is for a specific thing the courts order will be specific.
If the object to give is for a generic thing the courts order will be generic.
2) Rescission or cancellation the type of rescission being contemplated in this is
the one stated in Article 1191. (Article 1380 and 1381 is not the basis as it talks
about rescissible contracts)
- there is an option for the rescission of the contract so as to
abrogate the previous contract. (for reciprocal obligations, to end the obligation to
perform.)
3) Demand payment for damages claim for damages arise from the failure to do
the obligation.
Delivery of the generic thing determined according to the stipulation of the parties
and within the same class; the thing to be delivered should not be inferior to what
had been agreed upon. This can be based by the qualities agreed upon
(contemplated by the parties upon the establishment of the contract)
eg. a red sports car worth this amount. (there is no specification to the brand of the
car, yet the thing can be classified to its color, the type (a sports car, not a sedan or
a van) and the price.)
Third paragraph of 1165:
If the Obligor delays- at the time a fortuitous event happen, the obligor is still liable
if he delays the performance of the obligation because if he already delivered the
thing, the thing will be at the possession of the obligee when the fortuitous event
happen.
If the Obligor promises to deliver the same to two or more persons of different
interest obligor is still liable for the fortuitous event till he completes the
performance. The obligor is liable for such since his promise is a sign of bad faith as
the thing is only one or specific. However, if the performance or delivery is of the
same interest, there will be no problem.