What are the obligations of the person who is obliged to deliver a determinate thing?

CHAPTER 2

NATURE AND EFFECTS OF OBLIGATION

ART. 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 requires another

standard of care.

I. REAL OBLIGATION (OBLIGATION TO

GIVE)

Specific or Determinate Thing - one which can be

particularly designated or physically segregated

from all others of the same class.

EXAMPLES:

(1) The watch I am wearing.

(2) The car sold by X.

(3) My dog named “Terror.”

(4) The house at the corner of Rizal and Del Pilar

Streets.

(5) The Toyota car with Plate No. AAV 344.

Generic or Indeterminate Thing - one which refers

only to a class or genus to which it pertains and

cannot be pointed out with particularity.

EXAMPLES:

(1) a Bulova calendar watch.

(2) a 2006 model Japanese car.

(3) a police dog.

(4) a cavan of rice

(5) the sum of P10,000.00.

Duties of the obligor or debtor with respect to

determinate or specific thing:

1. To deliver the thing itself

GR: The debtor of a thing cannot compel the

creditor to receive a different one, although the

latter may be of the same value as, or more

valuable than which is due. (Civil Code, Art. 1244,

par.1)

XPNs:

a. By agreement or consent, the debtor may deliver

a different thing or perform a different prestation

in lieu of that stipulated (either a Dation in

Payment or Objective Novation)

b. Waiver of defect, the creditor with knowledge of

defect accepts the thing without protest or

disposes it.

2. Preserve the Thing with Due Care

GR: 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. (Civil

Code, Art. 1163)

XPNs:

a.The law or stipulations of the parties require

another standard of care.

b.Common Carriers - In case of common carriers,

which from the nature of their business and for

reasons of public policy, is bound to observe

extraordinary diligence in the vigilance over

the goods and for the safety of the passengers

transported by them, according to all the

circumstances of each case.

c.Banks - In case of banks, wherein the degree of

diligence required is more than that of a good

of a family, where the fiduciary nature of their

depositors is concerned.

Diligence - the attention and care required of a

person in a given situation and is the opposite of

negligence.

Kinds of Diligence

1. Simple Diligence

2. Extraordinary Diligence

3. Diligence of a Good Father of a Family (Bonos

Pater Familia) - measure of prudence or activity

as is properly expected from, and ordinarily

exercised by a reasonable and prudent man under

particular circumstances.

3.Deliver the Accessions and Accessories

GR: Obligation to give a determinate thing

includes that of delivering all its accession and

accessories, even though they may not have been

mentioned. (Civil Code, Art. 1166)

XPNs: By contrary intention of the parties.

Accession - is the right by virtue of which the owner

of a thing becomes the owner of everything

which is produced thereby, or which is

incorporated or attached thereto, either naturally

or artificially.

- the fruits of, or additions to, or improvements

upon, a thing (the principal)

Accessories - are things joined to or included with

the principal thing for the latter’s embellishment,

better use, or completion.

Right of Accession - right corollary to ownership of

property which gives the owner the right to

everything produced by the property or which is

What are the obligation of a person obliged to deliver a determinate thing?

What are the obligations of the obligor in an obligation to give an indeterminate thing?

What are the kinds of obligation according to the person obliged?

What is obligation to deliver?