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    Art. 1164. The Creditor Has A Right To The Fruits of The Thing From The Time The Obligation To

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    KinitDelfinCelestial
    The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises, but does not acquire real rights over the thing until actual or constructive delivery. Before delivery, the creditor only has a personal right enforceable against the debtor. Delivery, whether actual or constructive, transfers ownership and provides the creditor real rights over the property enforceable against all parties.

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    Art. 1164. The Creditor Has A Right To The Fruits of The Thing From The Time The Obligation To

    Uploaded by

    KinitDelfinCelestial
    6K views3 pages
    The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises, but does not acquire real rights over the thing until actual or constructive delivery. Before delivery, the creditor only has a personal right enforceable against the debtor. Delivery, whether actual or constructive, transfers ownership and provides the creditor real rights over the property enforceable against all parties.

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    Art. 1164

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    The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises, but does not acquire real rights over the thing until actual or constructive delivery. Before delivery, the creditor only has a personal right enforceable against the debtor. Delivery, whether actual or constructive, transfers ownership and provides the creditor real rights over the property enforceable against all parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6K views3 pages

    Art. 1164. The Creditor Has A Right To The Fruits of The Thing From The Time The Obligation To

    Uploaded by

    KinitDelfinCelestial
    The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises, but does not acquire real rights over the thing until actual or constructive delivery. Before delivery, the creditor only has a personal right enforceable against the debtor. Delivery, whether actual or constructive, transfers ownership and provides the creditor real rights over the property enforceable against all parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Art. 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.

    Comment:

    (1) When creditor is entitled to the fruits

    Example: A is obliged to give B on Dec. 3, 2004, a particular parcel of land. (Before


    Dec. 3, he has no right whatsoever over the fruits). After Dec. 3, 2004, B, the
    creditor is entitled (as of right) to the fruits. But if the fruits and the land are
    actually or constructively delivered only Dec. 15, 2004, B becomes owner of said
    fruits and land only from said date. Between Dec. 3 and Dec. 15, B had only a
    personal right (enforceable against A); after Dec. 15, he has a real right (over the
    properties), a right that is enforceable against the whole world.

    Personal right (jus in personam or jus ad rem) is power demandable by one person
    of another to give, to do, or not to do.

    Real right (jus in re) is a power over a specific thing like the right of ownership or
    possession and is binding on the whole world.

    Art. 1164 Page 1


    (2) Latin Maxim (Re Delivery and Ownership)
    Non nudis pactis, sed traditionis dominia rerym transferantur. (As a consequence
    of certain contracts, it is not agreement but tradition or delivery that transfers
    ownership).

    (3) Kinds of Delivery


    (a) Actual delivery or Tradition where physically, the property changes hands.
    Example: If A sells B a fountain pen, the giving by A to B of the fountain pen is
    actual tradition.

    (b) Constructive Delivery that were the physical transfer is implied. This may be
    done by:
    (1) Traditio simbolica (symbolical tradition) as when the keys of the bodega are
    given

    (2) Traditio longa manu (delivery by mere consent or the pointing out of the
    object) (etymologically, the extending of the hand Example: pointing out
    the car, which is the object of the sale.

    Art. 1164 Page 2


    (3) Traditio brevi manu (delivery by the short hand; that kind of delivery
    whereby a possessor of a thing not as an owner, becomes the possessor as
    owner) (Example: when a tenant already in possession buys the house he is
    renting).

    (4) Tradition constitutum possessorium the opposite of brevi manu; thus, the
    delivery whereby a possessor of a thing as an owner, retains possession no
    longer as an owner, but in some other capacity (like a house owner, who sells
    a house, but remains in possession as tenant of the same house).

    (5) Tradition by the execution of legal forms and solemnities (like the execution
    of a public instrument selling land).

    Art. 1164 Page 3

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