Article 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.

(1167a)

Flaw:

Thus, upon reading the aforesaid Article, a doubt or question may arise on how we determine the
indeterminate thing or generic thing and the value of superior quality and inferior quality considering
that obligations when demandable may arise either or all of that sources of the law on obligations and
contracts.

The debate on this article rest primarily on the manner on how we determine the indeterminate thing or
generic thing and the value of superior quality and inferior quality or when does a demandable
obligation arises of the law on obligations and contracts to the exclusion of the other sources?

Explanation of the Article 1246.

It is noted that in obligations, there is always a concurrence between the law which establishes or
recognizes it and the act or condition upon which the obligation is based.

The aforesaid article is very specific as to its application. It can be applied to a demandable obligation
when such obligation arises from law. And that demandable obligation is governed by the law itself and
the agreement of the parties is not necessary unlike in the contracts and other sources of obligation.
Moreover, only those expressly provided in the law are enforceable and cannot be presumed.

A thing is said to be specific or determinate particularly designated or physically segregated

others of the same class.
Meaning of generic or indeterminate thing
  A thing is generic or indeterminate when it refers only a class or genus to which it
pertains and cannot be pointed out with particularly

Specific thing and generic thing distinguished.

 A determinate thing is identified by its individualit. The debtor cannot substitute it with
another although the latter is of the same kind and quality without the consent of the
creditor.
 A generic thing is identified only by its specie. The debtor can give anything of the same
class as long as it is of the same kind.

Flaw:

Definition of terms:

Determinate thing- a thing is determinate when it is particularly designated or physically

segregated from all others from the same class. (Art. 1460, NCC)

Indeterminate or generic thing- a thing is generic when it refers to class or thing or genus and

cannot be.