ART 1163
contract or the meeting of the minds between
Specific or determinate thing – a thing is
particularly designated or physically
segregated from others of the same class.
Generic or indeterminate thing - refers to a
class or genus and cannot be determined with
particularity.
Genus – a class or kind
If what is lost is a specific thing, the debtor has
no obligation to give but if it is generic then the
obligor still has the obligation to give
Generic - there is no cases as lost (GENUS NUN
QUAM PERIT/ GENUS NEVER PERISHES)
A good father of a family also called as ordinary
diligence which is the standard care required
NOTE: THEY CANNOT AGREE WITH
LOWER STANDARD OF CARE (SLIGHT
DILIGENCE)
NOTE: THEY CAN AGREE WITH HIGHER
STANDARD OF CARE (EXTRAORDINARY
DILIGENCE)
Fortuitous events or force majeure
extraordinary occurrence beyond control
ART 1164
The fruit will go to the creditor however if the
parties agree that the fruit will remain to the
debtor then the fruit will stay to the debtor.
 Natural fruit - kusa lang andyan.
Spontaneous products of the soil and
the young and other products of
animal.
 Industrial fruit - cultivation or labor
 Civil fruit – derived by virtue of juridical
relation.
Perfection of the contract – birth of the
the parties.
Contract of sale – the obligation arises from the
perfection of the contract.
“All fruits shall pertain to the vendee
(debtor) from the day on which the contract
was perfected”
Personal right
 power of a person to demand from
another
 there is a definite active and passive
subject
 enforceable only against a particular
person
Real right
 right or interest of a person over a
specific thing
 there is only definite active subject
without definite passive subject
 directed against the whole world
NOTE: IF IT IS SUBJECT TO MORTGAGE THEN IT
- IS REAL RIGHT
Ownership acquired by delivery – creditor does
not become the owner until the specific thing
has been delivered to him.
Personal right happen on the period of the
delivery or the period that they agreed upon
and real right happen only after the delivery of
the thing.
ART 1165 (Applies to REAL OBLIGATION)
Obligation to give – real obligation
Obligation to do or not to do – personal
obligation
Specific Real obligation
Remedies of a creditor:
1. To demand specific
performance plus damages
2. To demand rescission or
cancellation plus damages
3. To demand for damages (if only
feasible remedy)
Generic Real obligation
Remedies of a creditor
1. To demand for performance
plus damages
2. Ask the obligation be complied
with at the expense of a third
person
3. To recover damages for breach
of obligation
Fortuitous event – event which cannot be
foreseen (earthquake) or although foreseen, it
is inevitable (typhoon)
Loss due to a fortuitous event in a SPECIFIC
REAL OBLIGATION extinguishes the obligation.
Exception: If the debtor delays and if
the debtor is guilty of bad faith
A GENERIC THING is NEVER LOSS (Genus nun
quam perit) Genus never perishes
ART 1166
NOTE: THE ACCESSORY WILL ALWAYS FOLLOW
THE PRINCIPAL (Even if it is not stated in the
contract of sale, it would mean that whatever
price u would put in contract of sale that
already includes the accessories) UNLESS
STATED THAT ACCESSORY IS NOT INCLUDED
Accessions – fruits of a thing or whatever is
attached to the thing either naturally or
artificially.
Accessories – things that is attached to the
principal thing to make it perfect
ART 1167
Positive personal obligation – obligation to do
 The obligee cannot compel specific
performance (force someone because
of the constitutional prohibition on
involuntary servitude) KAHIT NAG-
AGREE SA CONTRACT, DI MO SYA
PWEDE PILITIN IF AYAW NYA THAT IS
WHY MAY REMEDIES
Remedies:
 Ask a third person to do it but
at the expense of the debtor
 Hire a third person to undo
what was poorly done
ART 1168
Negative personal obligation – obligations not
to do
There is no specific performance and the very
obligation is to abstain from an act
Remedies:
 Hire someone else to undo it at
the expense of the debtor.
  Action for damages

ART 1169

Ordinary delay – lapse of agreed time but no

demand yet

Legal delay – lapse of agreed time and demand

has already been made (debtor will be liable
for damages)

NOTE: IF THERE IS NO DEMAND THEN THERE IS

NO LEGAL DELAY

NOTE: NO LEGAL DELAY, NO DAMAGES

IN CASE OF FORTUITOUS EVENT:

Ordinary delay: Debtor is not liable for loss

due to fortuitous event

Legal delay: Debtor is liable for loss due to

fortuitous event.