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Specific or Generic Obligation by Davidon Group
Specific or Generic Obligation by Davidon Group
Specific or Generic Obligation by Davidon Group
DETERMINATE
and
GENERIC OR
INDETERMINATE
THING
Article 1163
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 the stipulation of the parties
acquires another standard of care.
Standard of Care:
Diligence of a Good Father of
Family
SPECIFIC THING
Examples:
The exact watch I am wearing
The car sold by X
My dog name Terror
The Toyota car with Plate No. AAV
316 (2008)
SPECIFIC THING
GENERIC OR INDETERMINATE THING
Defines:
Identified by its specie
Can be substituted as long as it is of the same
kind
Refers only to a class/genus to which pertains
and cannot be pointed out
Not particularly designated or physically
segregated from all others of the same class (The
thing can be replaced by another thing that is of
the same quality).
GENERIC THING
Examples:
Watch (any kind of Rolex watch or as
long as the same brand)
Bottle of wine (brand of wine)
Dog (any dog depends on what breed)
Car (brand of a car)
House (like for example living in a
subdivision w/ the same unit)
GENERIC THING
Article 1156
When what is to be delivered is a determinate thing, the creditor, in addition to
the right granted him by Article 1170, may compel the debtor to make the
delivery.
If the obligor delays, or has promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be responsible for any
fortuitous event until he has affected the delivery
Article 1170