Laws on Obligation and Contracts
CHAPTER 2: Nature and Effects of Obligations
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. (1094a)
3 kinds of prestations in obligations:
• To give real (there is some physical thing which may be the subject of possession, the delivery of which completely discharges the obligation)
• To do
• Not to do personal (non-fulfillment is resolved in the end by the payment of an indemnification of damages)
Obligation to do or not to do
• Perfection of the obligation devolves upon the person himself who is bound
Obligation to give
• Intimately connected with the thing that is the subject matter of relation
• Definition: That which has for its object the delivery of a thing which the obligor must deliver to the obligee because of whatever right the latter may have acquired over the same (Caguioa)
• Classification:(distinction lies purely and exclusively on the will of parties or under the norms of law)
1. Specific obligation
- an obligation to give a specific or determinate thing
*specific/determinate thing
- a thing determined individually in such a manner that it cannot be substituted with another
- object is particularly designated or physically segregated from all others of the same class; object is a concrete, particularized thing, indicated by its own individuality (Jurado)
- one that is individualized and can be identified or distinguished from others of its kind (Tolentino)
- examples: white horse which won the Senior Grand Derby in 1979, Samsung G600 G-660#1-1G-6608>PC<
- the very same thing promised must be delivered by the debtor and he cannot substitute said thing with another although the substitute is more valuable than that agreed upon unless the creditor agrees to the substitution (Art. 1206 par.1)
- 3 accessory obligations (Note: only in
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. (1094a)
3 kinds of prestations in obligations:
• To give real (there is some physical thing which may be the subject of possession, the delivery of which completely discharges the obligation)
• To do
• Not to do personal (non-fulfillment is resolved in the end by the payment of an indemnification of damages)
Obligation to do or not to do
• Perfection of the obligation devolves upon the person himself who is bound
Obligation to give
• Intimately connected with the thing that is the subject matter of relation
• Definition: That which has for its object the delivery of a thing which the obligor must deliver to the obligee because of whatever right the latter may have acquired over the same (Caguioa)
• Classification:(distinction lies purely and exclusively on the will of parties or under the norms of law)
1. Specific obligation
- an obligation to give a specific or determinate thing
*specific/determinate thing
- a thing determined individually in such a manner that it cannot be substituted with another
- object is particularly designated or physically segregated from all others of the same class; object is a concrete, particularized thing, indicated by its own individuality (Jurado)
- one that is individualized and can be identified or distinguished from others of its kind (Tolentino)
- examples: white horse which won the Senior Grand Derby in 1979, Samsung G600 G-660#1-1G-6608>PC<
- the very same thing promised must be delivered by the debtor and he cannot substitute said thing with another although the substitute is more valuable than that agreed upon unless the creditor agrees to the substitution (Art. 1206 par.1)
- 3 accessory obligations (Note: only in