Understanding Obligations in Law

Nov 15, 2024

Nature and Effect of Obligations – Part 2

Obligations of One Obliged to Give a Determinate Thing

  • Real Obligation: Obligation to give a specific/determinate thing.
  • Known as specific or determinate real obligation in contrast to generic obligation.

Key Obligations

  1. Take Good Care of the Thing

    • With the diligence of a good father of a family (Article 1163).
    • Standard of Care:
      • General Rule: Ordinary care as exercised by an average person.
      • Exceptions:
        1. Law requires a higher standard.
        2. Agreement among parties stipulates a higher standard.

  2. Deliver the Thing

    • Deliver into possession/control of the creditor.
    • Types of Delivery:
      • Actual Delivery: Real possession transfer, e.g., handing over a cell phone.
      • Constructive Delivery: Transfer by law when actual transfer is impractical, e.g., land through execution of a public instrument.

  3. Deliver the Fruits of the Thing

    • Types of Fruits:
      • Natural Fruits: Spontaneous products, e.g., trees, young animals.
      • Industrial Fruits: Result of cultivation/labor, e.g., crops, vegetables.
      • Civil Fruits: Result of juridical relations, e.g., rent, annuities.
    • Creditor's Rights to Fruits:
      • Rights arise when obligation to deliver occurs.
      • No real rights until actual delivery.
    • Rise of Delivery Obligation:
      • Pure Obligation: Arises from perfection.
      • Suspensive Period/Condition: Arises upon arrival/fulfillment.

  4. Deliver Accessions and Accessories

    • Accessions: Naturally/artificially attached or produced by the main thing, e.g., buildings on land.
    • Accessories: Joined for better use/enjoyment of the principal thing, e.g., keys, bracelet of a watch.
    • Principle: Accessory follows the principal.
      • Example: Deliver laptop includes charger; delivering charger doesn't include laptop.

Rights of the Creditor

  • Personal Right: Enforceable against a specific person.
  • Real Right: Enforceable against the world, acquired upon delivery.
  • Transition from personal to real right occurs upon delivery of the determinate thing and its fruits.

These notes cover the obligations connected to giving a determinate thing, detailing the nature of care required, types of delivery, and the rights associated with fruits and accessories. Understanding these obligations helps clarify the responsibilities and rights in specific real obligations.

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