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Nature and Effect of Obligations - Remedies of Creditor
Nature and Effect of Obligations
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 requires another standard of care.
Determinate Thing
It is particularly designated and physically segregated from all other objects of the same class.
Generic Thing
Identified only by its species. The debtor can give anything of the same class as long as it is of the same kind.
Obligations of a debtor obliged to give a determinate thing
To take good care of the thing with the diligence of a good father of a family unless the law or agreement of the parties requires another standard of care.
To Deliver the thing
To deliver the fruits of the thing
Debtor’s obligation to deliver indeterminate thing
Deliver the thing
Answer for the damages
Types of Fruits in an Obligation
Natural Fruits
Industrial Fruits
Civil Fruits
Natural Fruits
spontaneous products of the soil and the young and other products of animals
Industrial fruits
they refer to those produced by land of any kind through cultivation or labor .
Civil Fruits
refer to fruits that are the result of a juridical relation
Article 1164 - Fruits and Rights
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises .
However, he shall acquire no real right over it until the same has been delivered to him.
On August 1, Mr. A promised to give a specific dog to Mr. B. Based on their agreement, the dog should be delivered to Mr. B on August 15. Unfortunately, the dog was delivered on August 31.
Unknown to Mr. B, the dog gave birth to 3 puppies on August 21. Who should be entitled to the three puppies on August 15?
Under the law, lahat ng fruits of the right kay creditor dapat from the time the obligation
to deliver it arises. So on August 15, lahat ng fruits (natural fruits) ng dog are entitled to
Mr. B kahit na nanganak sa bahay ni Mr. A.
On August 1, Mr. A promised to give a specific dog to Mr. B. Based on their agreement, the dog should be delivered to Mr. B on August 15. Unfortunately, the dog was delivered on August 31.
Unknown to Mr. B, the dog gave birth to 3 puppies on August 21. Who should be entitled to the three puppies on August 10?
The puppies are entitled to Mr. A kasi hindi pa dumarating yung time para i-deliver yung dog.
On August 1, Mr. A promised to give a specific dog to Mr. B. Based on their agreement, the dog should be delivered to Mr. B on August 15. Unfortunately, the dog was delivered on August 31.
Unknown to Mr. B, the dog gave birth to 3 puppies on August 21.
What if there was no date of delivery provided?
dapat itong madeliver immediately. Example: if the dog gave birth the night before your supposed delivery, the puppies are entitled na sa buyer. (Kasi immediately demandable yung delivery kung walang napag-usapan
Personal Right
the right to demand from another, the fulfillment of the latter’s obligation to give, to do or not to do
at the time of demand
Real Right
right or interest of a person over a specific thing without a definite passive subject against whom the right may be personally enforced. It is binding against the whole world
at the time of delivery
Article 1166.- on deliveries of accession and accessories
The obligations to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
Accession
they are everything that is incorporated or attached to a thing, either naturally or artificially.
Still functional even without it
Accessories
those joined to or included with the principal thing for the latter’s better use, perfection or enjoyment.
Not functional if not provided
Debtor fails to deliver Determinate Thing
compel the debtor to make the delivery
demand damages from the debtor
Debtor fails to deliver Generic Thing
○ To ask that the obligation be complied with at the debtor's expense.
■ Sa iba na bibili, pero si seller na ang mags-shoulder ng expenses
○ To demand damages from the debtor.
Debtor fails to perform an obligation to do
creditor may have the obligation executed at the expense of the debtor or he may also demand damages from the debtor.
○ If the debtor performs the obligations but does it poorly, the creditor may have the same be undone at the debtor’s expense or he may also demand damages from the debtor.
Debtor does what has been forbidden of him
The creditor may demand that what has been done be undone but at his expense.
He may also demand damages from the debtor
