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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.
DUTIES OF DEBTOR:
** Debtor is not liable if his failure to deliver the thing is due to fortuitous events or
force majeure without negligence or fault in his part.
ARTICLE 1164. 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.
REAL RIGHT (jus in re) right pertaining to person over a specific thing, without
a passive subject individually determined against whom such right may be
personally enforced.
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- a right enforceable only against a definite person or group of persons.
o Before the delivery, the creditor, in obligations to give, has merely a
personal right against the debtor a right to ask for delivery of the thing
and the fruits thereof.
o Once the thing and the fruits are delivered, then he acquires a real right
over them.
o Ownership is transferred by delivery which could be either actual or
constructive. (Art. 1477)
o The remedy of the buyer when there is no delivery despite demand is to
file a complaint for SPECIFIC PERFORMANCEAND DELIVERY because he
is not yet the owner of the property before the delivery.
ACTUAL DELIVERY actual delivery of a thing from the hand of the grantor to the
hand of the grantee (personally), or manifested by certain possessory acts executed
by the grantee with the consent of the grantor (realty).
FRUITS:
1. NATURAL spontaneous products of the soil, the young and other products of
animals;
** SEE Article 1164 (retroactivity of the effects of conditional obligation to give once
the condition has been fulfilled)
DETERMINATE THING
INDETERMINATE THING
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REMEDIES FOR FAILURE OF DELIVERY (determinate thing)
ACCESSORIES things included with the principal for the latters embellishment,
better use, or completion
When does right to fruits arise? from the time the obligation to deliver arises
ARTICLE 1167. If a person obliged to do something fails to do it, the same shall be
executed at his cost. This same rule shall be observed if he does it in contravention
of the tenor of the obligation it may be decreed that what has been poorly done
be undone.
THREE SITUATIONS:
-recover damages
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b) Performance was contrary to the terms agreed upon
- order of the court to undo the same at the expense of the debtor
- order of the court to undo the same at the expense of the debtor
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 obligee judicially or extra judicially demands from them the fulfillment of
their obligation. However, the demand by the creditor shall not be necessary in
order that delay may exists:
KINDS OF DEFAULT:
a. MORA SOLVENDI delay on the part of the debtor to fulfill his obligation;
REQUISITES:
EFFECTS:
KINDS:
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1)mora solvendi ex re default in real obligations (to give)
Effects:
3. debtor not liable for interest from the time of creditors delay
Effect: the default of one compensates the default of the other; their respective
liabilities shall be offset equitable.
- Default / Delay in negative obligation is not possible. (In negative obligation, only
fulfillment and violation are possible)
ARTICLE 1170. Those who in the performance of their obligations are guilty of
fraud, negligence, or delay, and those who in any manner contravene the tenor
thereof, are liable for damages.
- To allow such waiver will necessarily render the obligatory force of contracts
illusory.
- The law does not prohibit waiver of an action for damages based on fraud
already committed.
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- Any deliberate deviation from the normal way of fulfilling the obligation may be
a proper basis for claim for damages against the guilty party.
INCIDENTAL FRAUD (applicable provisions are Arts. 1170 & 1344) committed in
the performance of an obligation already existing because of a contract; incidental
fraud obliges the person employing it to pay damages.