Duties of debtor in obligation to give a determinate thing.

(1) To preserve or take care of the thing due;

(2) To deliver the fruits of the thing (see Art. 1164.);
(3) To deliver its accessions and accessories (see Art. 1166.);
(4) To deliver the thing itself (see Arts. 1163, 1233, 1244; as to kinds
of delivery, Arts. 1497 to 1501.); and
(5) To answer for damages in case of non-fulfillment or breach.
(see Art. 1170.)

Obligation to take care of the thing

due.
Diligence of a good father of a family.
-ordinary care or that diligence which an average (a reasonably prudent)
person exercises over his own property.

Another standard of care.

Factors to be considered.
-The diligence required depends upon the nature of the obligation and
corresponds with the circumstances of the person, of the time, and of the
place.
-As a general rule, the debtor is not liable if his failure to preserve the thing
is not due to his fault or negligence but to fortuitous events or force
majeure. (Art. 1174.)

Reason for debtor’s obligation.

Duties of debtor in obligation to deliver
a generic thing.

(1) To deliver a thing which is of the quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances (see
Art. 1246.)

(2) To be liable for damages in case of fraud, negligence, or delay, in the

performance of his obligation, or contravention of the tenor thereof. (see
Art. 1170.)
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.

Different kinds of fruits.

Natural fruits
-are the spontaneous products of the soil, and the
young and other products of animals, e.g., grass; all trees and plants on lands
produced without the intervention of human labor.

Industrial fruits
-are those produced by lands of any kind through cultivation or labor, e.g., sugar
cane; vegetables; rice; and all products of lands brought about by reason of
human labor.

Civil fruits
-are those derived by virtue of a juridical relation,
e.g., rents of buildings, price of leases of lands and other property and the
amount of perpetual or life annuities or other similar income. (Art.442.)

By law, the creditor is entitled to the fruits of the thing to be delivered from the
time the obligation to make delivery of the thing arises.