Specific thing or determinate thing a thing which is a particularly

designated or physically segregated.

 Particularly designated (very specific in nature)

-keyword “only”
 Physically segregated

Generic thing or indeterminate thing a thing which refers only to class or

genus to which it pertains and cannot be pointed out with particularity.

-keyword “a”

Obligation of the debtor in

Obligation to give a determinate thing

1. Preserved the thing (Art. 1163)

2. Deliver the fruits of the thing (Art. 1164)
3. Deliver the thing itself (1165)
4. Deliver the accession and accessories (Art. 1166)
5. Answer for the damages in case of non fulfilment or breach (Art.1170)

Art. 1163 (Preserve the thing) 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 stipulated of the parties requires another standard of care.

-Diligence of a good father of a family the phrase has been equated with
ordinary care or that diligence which an average person exercises over his own
property.

-Law standard requires another of care the debtor in obligation to give must
observe a higher standard of care than ordinary diligence or diligence of a good
father of a family. (Extra ordinary diligence)

-Stipulation of the parties requires another standard of care the creditor

and debtor agrees on a higher standard of care which is higher than diligence
of a good father of a family

Diligence is the care; caution; the attention and care required from a person in
a given situation.

Due diligence a reasonably expected from, and ordinarily exercised by a

person who seeks to satisfy a legal requirement.
Extreme diligence or care that a person of unusual prudence exercises to
secure rights and property.

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

Kinds of fruit

 Industrial fruit- those produce by lands of any kind through cultivation

or labor. Ginamitan ng human effort.
 Natural fruits – are those spontaneous products of the soil. Hindi
human effort
 Civil fruits- are those derived by virtue of a juridical relation. Ex rent,
life annuities or other similar income.

Article 1165 (deliver the thing itself) when what is to be delivered is a

determinate thing, the creditor in addition to the right granted by him. The
creditor may compel the debtor to make the delivery.

Reciprocal obligations like in a contract of sale are those which arise from the
same and which party are a debtor and creditor of the other. They performed
simultaneously.

Article 1166 (deliver the accessions and accessories) the obligation to give a
determinate thing includes that of delivering all its accession and accessories
even though they not mention.

 Accessions –naturally or artificially attached

 Accessories- Prevention of another thing which is more important and to
which they are not incorporated or attached.

Article 1167 if a person obliged to do something fails to do it; the same shall
be executed at his cost.

Article 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.

Article 1169 those obliged to deliver or to do something incur in delay from

the time the creditor judicially or extra judicially demands from them the
fulfilment of their obligation. Delay begins from the time the creditor judicially
or extra judicially demands
Article 1170 (answer for damage in case of breach) those who in the
performance of their obligation are guilty of fraud, negligence or delay and
those who in any manner contravene the tenor are liable for damages.

Breach of obligation

Kinds

Voluntary breach of contract

 Delay/default (mora)
 Fraud (dolo)
 Negligence (culpa)
 In any manner contravene the nature thereof

Involuntary – debtor is not liable for damages

1. Fraud refers to all kind of deception. Deliberate evasion of the normal

fulfilment of an obligation. It is synonymous to bad faith, it involves a design to
mislead or deceive another.

Kinds of fraud (dolo)

1. Causal fraud or dolo causante basically a deception used by one party

prior to or simultaneous with the contract in order to secure the consent
of another. It happen before the contract.
-remedy (annulment of the contract plus damages)
2. Incedental fraud or dolo incedente that which is not serious character
and without which the other party would have entered into the contract
anyway. It happen after the contract.
-remedy (damages)

Bad faith imports a dishonest purpose

Article 1171 Responsibility arising from fraud is demandable in all

obligations. Any waiver for future action of fraud is void.

1. Negligence is the omission (pabaya) to do something which a reasonable

man, guided by those consideration which ordinarily regulate the conduct of
human affairs.
Kinds of negligence (culpa or fault)

1. Culpa contractual (contractual negligence) unable to perform his

obligation
2. Culpa criminal (criminal negligence) which results in the commission of
crime
3. Culpa aquiliana (civil negligence) not criminal in nature but resulted in
civil liability.

Article 1172 Responsibility arising from negligence in the performance of every

kind of obligation is also demandable, but such liability may be regulated by
the court according to circumstances.

3. Delay failure to perform the obligation on due time.

Ordinary delay is merely the failure to perform an obligation on time.

Legal delay (default) is failure to perform an obligation on time which failures

constitutes a breach of the obligation.

Kinds of delay (mora)

 Mora solvendi delay in the fulfillment of an obligation. It is the delay on

the part of the debtor. (to give or to do)
-mora solvendi ex re delay on the part of the debtor in obligation to give
-mora solvendi ex persona delay on the part of the debtor in obligation
to do
 Mora accipiendi delay on the part of creditor to accept the delivery
 Compensatio morae delay on the part of both parties. The mutual delay
cancels out the effects of default.

General rule Demand (judicial or extra judicial) is necessary before one incurs
in delay. In short no demand no delay.

Except

1. The law expressly so declare

2. The obligation itself so stipulates
3. Times is of the essence
4. Demand is useless as when obligor has rendered it beyond his power to
perform
5. When there is performance by a party in reciprocal obligations

4. Contravention of the tenor of the obligation means violation of contract

or breach of contract stipulated on the contract

Kinds of damages under the civil code pg. 79-81

Article 1173 the fault or negligence of the obligor consist in the omission of
that diligence which is required by the nature of the obligation and
corresponds with the circumstances of the person, of the time and of the place.

Article 1174 except in cases expressly specified by the law or when it is

otherwise declared by stipulation or when the nature of the obligation requires
assumption of risk, no person shall be responsible for those events which could
not be foreseen or which foreseen, were inevitable.

Fortuitous events extraordinary events not foreseeable or avoidable.

Essential characteristics

 Independent of human will

 Impossible to foresee
 Impossible for the debtor to fulfill their obligation in a normal manner
 Free from any participation in the aggravation of resulting injury to the
creditor

General rule No liability in case of fortuitous event

Except

 When expressly declared by stipulation

 When the nature of obligation requires assumption of risk
 When expressly declared by law

Related rules

1. All rights acquired by the virtue of an obligation are transimissible(1178)

Except
-when the law prohibits the transfer of rights
-when the stipulation of the party prohibits the transfer of rights.

2. The creditor has the following remedies to satisfy his claims against his
debtor (1177)

-exact fulfillment/specific performance

-pursue the leviable properties of the debtor

-accion subrogatoria- exercise all rights and actions of the debtor which
are inherented by the creditor.

-accision pauliana- cancel the contracts entered into by the creditor to

defraud the creditor