PRESTATION (Object)
1. TO GIVE – delivery of a thing to the creditor (in sale, Deposit, pledge,
donation);
2. TO DO – covers all kinds of works or services (contract for professional
services);
3. NOT TO DO – consists of refraining from doing some Acts (in following
rules and regulations).
Real ob- thing to be delivered, prestation to give
Personal ob- subject matter is an act. Refers the prestation to do
or not to do
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.
a right enforceable against the whole world
PERSONAL RIGHT (jus ad rem) – a right pertaining to a Person to demand
from another, as a definite passive subject, The fulfillment of a prestation to
give, to do or not to do.
a right enforceable only against a definite person or Group of persons.
• Before the delivery, the creditor, in obligations to Give, has merely a
personal right against the debtor
Requisites of Prestation / Object:
1) licit (if illicit, it is void)
2) possible (if impossible, it is void)
3) determinate or determinable (or else, void)
4) pecuniary value
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.-observe diligence of a
good father- take percuttions against any harm
-Reasonable diligence
A thing is said to be specific or determinate when it is particularly
Designated or physically segregated from all others of the same class.
DETERMINATE THING something which is susceptible of particular
Designation or specification;
obligation is extinguished if the thing is lost due to
Fortuitous events.
- U can pinpoint, unique, identifiable
INDETERMINATE THING
-to delivered the thing itswlf
something that has reference only to a class or genus;
obligation to deliver is not so extinguished
- Because genus never perishes because not segregated
then u can replace it
(Art. 1459.)
EXAMPLES:
The watch I am wearing.
The car sold by X.
My dog named “Terror.”
The house at the corner of Rizal and Del Pilar Streets.
The Toyota car with Plate No. AAV 344.
This cavan of rice.
(2)The money I gave you.
Reason: the obligor cannot take care of the whole Class/genus.
• For a determinate thing, the debtor must deliver exactly what was
agreed upon (no substitution without consent).
• For a generic thing, the debtor can choose any item from the same
category, as long as it’s of the same kind and quality.
DUTIES OF DEBTOR: Preserve or take care of the things due.
DILIGENCE OF A GOOD FATHER – a good father Does not abandon his
family, he is always ready To provide and protect his family; ordinary care
Which an average and reasonably prudent man Would do.
ANOTHER STANDARD OF CARE – extraordinary Diligence provided in the
stipulation of parties. FACTORS TO BE CONSIDERED – diligence Depends on
the nature of obligation and Corresponds with the circumstances of the
Person, time, and place.
a general rule, the debtor is not liable if his failure to preserve the
thing is not due to his fault or negligence but to fortuitous events or
force majeure. (Art. 1174.)
1166. The obligation to give a determinate thing Includes that of
delivering all its accessions and accessories, even though they may
not have been mentioned. h
ACCESSIONS – fruits of the thing or additions to or improvements upon the
principal those which are naturally or artificially attached to the thing
ACCESSORIES – things included with the principal for the latter’s
embellishment, better use, or completioWhen does right to fruits arise? –
from the time the obligation
to deliver arises
Conditional – from the moment the condition happens
With a term/period – upon the expiration of the term/period
Simple – from the perfection of the contract
Deliver the fruits of a thing•
Deliver the accessions/accessories
• Deliver the thing itself •
- Accession (PIA) and accessories(JOINT, INCLUDED)
Answer for damages in case of non-fulfillment or breach
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 ght will arise upon delivery because delivery transfer
ownership
– A right to ask for deliery of the thing and the Fruits thereof.
– • Once the thing and the fruits are delivered, then he Acquires a real
right over them. • Ownership is transferred by delivery which could be
Either actual or constructive. (Art. 1477) �
L
• The remedy of the buyer when there is no delivery Despite demand is to
file a complaint for “SPECIFICPERFORMANCE AND 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 (presonally), or manifested by certain possessory
acts executed by the grantee with the consent of the grantor (realty).
� CONSTRUCTIVE TRADITION – representative of symbolical in essence and
with intention to deliver the ownership.
FRUITS:
1. NATURAL – spontaneous products of the soil, the
young and other products of animals;
2. INDUSTRIAL – produced by lands of any cultivation
or labor;
4. CIVIL – those derived by virtue of juridical relation.
ART. 1244. The debtor of a thing cannot compel the credtor to
receive a different one, although the latter may be of the same
value as, or more valuable than that which is due.
In obligations to do or not to do, an act or forbearance can-Not be
substituted by another act or forbearance against the
Obligee’s will. (1166a)
1. **The debtor cannot force the creditor to accept something different
from what was originally agreed upon**, even if the new thing is just as
valuable or more valuable than the original. For example, if you owe
someone a specific item, you can’t give them something else unless
they agree.
2. **In obligations to do or not to do something**, you can’t substitute
one action or inaction for another without the creditor’s consent. For
instance, if you promised to do a certain task, you can’t replace it with
a different one unless the person you’re doing it for agrees.
3. **If the creditor agrees**, the debtor can deliver something different or
perform a different action than originally agreed. This is where things
like “dation in payment” (giving something in place of money) or
“novation” (changing the agreement) can happen.
4. **If the debtor delivers a defective thing** and the creditor is aware of
the defect, the creditor may waive the defect if they either say so
explicitly or accept the thing without complaining, or if they use or
dispose of the item. In other words, if the creditor knowingly accepts
something with a defect and doesn’t protest or throw it away, they are
seen as accepting it as is.
Not Todo – undone+ creditor has a right claim damages
Not apply if the effect of forbidden acct is difinite and cannot be un
done- remedey is to ask for Damages
ART. 1246. When the obligation consists in the delivery of
an indeterminate or generic thing, whose quality and circum-
stances have not been stated, the creditor cannot demand a thing
of superior quality. Neither can the debtor deliver a thing of inferior
quality. The purpose of the obligation and other circumstances shall
be taken into consideration. (1167a)
Meaning of 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 particular-ity.
1. **Generic Thing**: If the item is generic (e.g., a horse), the
**purpose** of the obligation and the **circumstances** will determine
the quality or type. **Article 1246** ensures fairness when the
agreement is unclear.
2. **Equity**: If the contract is vague, the law steps in to ensure fairness.
The creditor can accept a lower-quality item, and the debtor can
deliver a higher-quality item.
Article 1246 states that when an obligation involves delivering an
indeterminate or generic thing (a thing not specifically defined), and its
quality or characteristics are not mentioned, the creditor cannot demand a
better quality item than what is expected in general. Similarly, the debtor
cannot provide an item of lower quality than what is generally acceptable.
The overall purpose of the obligation and other circumstances should be
considered when fulfilling it.
**Simple Scenario:**
Imagine a contract where someone agrees to deliver 100 kilograms of rice.
The type or quality of rice isn’t specified, so it’s understood to be standard
rice.
- The creditor cannot demand high-quality rice (like premium brand rice).
- The debtor cannot give poor-quality rice (like rice with damage or mold).
- Both parties should keep in mind the general expectation for what is
considered “normal” rice for the agreement.
Article 1191 of the Civil Code of the Philippine, the articlesallows for
the rescission of a contract if there is a substantial breach, but a minor
or trivial breach seehh, like delayed payments, do not justify
cancellation. The court considered the breach by the plaintiffs minor,
noting that they had made significant payments over nearly nine
years, fulfilling most of hobli upgations.
In order to cancel a contract, they must inform the other party, and the
cancellation is provisional. If the other party disagrees, the issue can
be taken to court for review.
Additionally, Article 1234 provides that if a party has substantially
performed their obligations in good faith, even if it’s not perfect. They
are treated as having fully completed the contract. Less damage
suffered by obligee.
The general rule is that rescission of a contract will not be permitted
for a slight or casual breach, but only for such substantial and
fundamental breach as would defeat the very object of the parties in
making the agreement
Breach of obligation
-1169. Those obliged to deliver or to
do something incur In delay from the
time the obligee judicially or
Extrajudicially demands from them the
fulfillment of Their obligation.
However, the demand by the creditor
shall not be Necessary in order that
delay may exist
: When the law or obligation so
expressly declares;
When from the nature of the
contract, time us the Essence
and motivating factor for its
Establishment;
When demand would be useless
(prestation is Impossible);
In reciprocal obligations, from
the moment one ofThe parties
fulfills his obligation;
When the debtor admits he is in
default
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.
FRAUD (dolo) – deliberate intentional evasion of the faithful Fulfillment of an
obligation;
NEGLIGENCE (culpa or fault) – voluntary act or omission of Diligence, there
being no malice, which prevents the normalFulfillment of an obligation;
DELAY (mora) – default or tardiness in the performance of an Obligation after
it has been due and demandable;
CONTRAVENTION OF TERMS OF OBLIGATION (violatio)– Violation of terms and
conditions stipulated in the obligation; This must not be due to a fortuitous
event
