Ramon Magsaysay Memorial Colleges, General Santos City LAW ON OBLIGATION & CONTRACTS

CHAPTER 2. NATURE AND EFFECT OF OBLIGATIONS

1. PRESTATION

1.1. KINDS

1.1.1. TO GIVE: Real Obligation; to deliver either

1.1.1.1. A specific or determinate thing - A thing is said to be specic or determinate when
it is particularly designated or physically segregated from all others of the same
class.
1.1.1.2. A generic or indeterminate thing - A thing is generic or indeterminate when it
refers only to a class or genus to which it pertains and cannot be pointed out with
particularity.

1.1.2. TO DO: Positive Personal Obligation; includes all kinds of work or services.

1.1.3. NOT TO DO: Negative Personal Obligation; to abstain from doing an act

1.2. DUTIES OF DEBTOR

1.2.1. OBLIGATION TO GIVE A DETERMINATE THING

1.2.1.1. To preserve or take care of the thing due
1.2.1.1.1. Diligence of a good father of a family ordinary care or that diligence
which an average (a reasonably prudent) person exercises over his own
property.
1.2.1.1.2. Another standard of care those provided by the law or the stipulation
of the parties
1.2.1.2. To deliver the fruits of the thing
1.2.1.2.1. Natural fruits are the spontaneous products of the soil, and the young
and other products of animals produced without the intervention of
human labor.
1.2.1.2.2. Industrial fruits are those produced by lands of any kind through
cultivation or labor
1.2.1.2.3. Civil fruits are those derived by virtue of a juridical relation
1.2.1.3. To deliver its accessions and accessories
1.2.1.4. Accessions are the fruits of, or additions to, or improvements upon, a
thing (the principal).
1.2.1.5. Accessories are things joined to, or included with, the principal thing for
the latters embellishment, better use, or completion.
1.2.1.6. To deliver the thing itself and
1.2.1.7. To answer for damages in case of non-fulllment or breach

1.2.2.OBLIGATION TO DELIVER A GENERIC THING.

1.2.2.1. To deliver a thing which is of the quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances; and
1.2.2.2. To be liable for damages in case of fraud, negligence, or delay, in the performance
of his obligation, or contravention of the tenor thereof.

MCMAQUILANG Page 1 of 2
Ramon Magsaysay Memorial Colleges, General Santos City LAW ON OBLIGATION & CONTRACTS

1.2.3. OBLIGATION TO DO
1.2.3.1. To do it
1.2.3.2. To shoulder the cost of having someone else do it
1.2.3.3. To undo what has been poorly done
1.2.3.4. To pay for damages in case of breach

1.2.4.OBLIGATION NOT TO DO
1.2.4.1. Not to do what should not be done
1.2.4.2. To shoulder the cost of undoing what should not have been done
1.2.4.3. To pay for damages in case of breach

1.3. RIGHTS OF THE CREDITOR

1.3.1. OBLIGATION TO GIVE A DETERMINATE THING

1.3.1.1. To compel specific performance
1.3.1.2. Entitlement to fruits and interests from the time the obligation to deliver arises
1.3.1.3. Entitlement to the accessions and accessories of the thing
1.3.1.4. To recover damages in case of breach of the obligation, exclusive or in addition to
specific performance

1.3.2. OBLIGATION TO DELIVER A GENERIC THING.

1.3.2.1. To ask for performance of the obligation
1.3.2.2. To ask that the obligation be complied with by a third person at the expense of the
debtor
1.3.2.3. To recover damages in case of breach of obligation

1.3.3. OBLIGATION TO DO
1.3.3.1. To compel performance
1.3.3.2. To recover damages where personal qualifications of the debtor are involved

1.3.4. OBLIGATION NOT TO DO

1.3.4.1. To ask to undo what should not be done
1.3.4.2. To recover damages, where it would be physically or legally impossible to undo
what has been undone, because of :
1.3.4.2.1. The very nature of the act itself;
1.3.4.2.2. Rights acquired by third persons who acted in good faith;
1.3.4.2.3. When the effects of the acts prohibited are definite in character and will
not cease even if the thing prohibited be undone.

2. BREACH OF OBLIGATION
3. REMEDIES OF CREDITORS
4. USURY LAW

MCMAQUILANG Page 2 of 2