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    Obligations and Contracts ART. 1165

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    AstaxYuno
    1) When a determinate thing is owed under a contract, the creditor can compel the debtor to deliver it. If an indeterminate or generic thing is owed, the creditor can ask that the obligation be fulfilled at the debtor's expense. 2) If the debtor delays delivery or promised to deliver the same thing to multiple people with different interests, the debtor is responsible for any loss due to chance events until delivery is made. 3) A determinate thing is specifically designated while an indeterminate thing refers only to a class or genus without particulars. The creditor brings non-delivery of a determinate thing to court to compel delivery rather than using force against the debtor.

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    Obligations and Contracts ART. 1165

    Uploaded by

    AstaxYuno
    196 views2 pages
    1) When a determinate thing is owed under a contract, the creditor can compel the debtor to deliver it. If an indeterminate or generic thing is owed, the creditor can ask that the obligation be fulfilled at the debtor's expense. 2) If the debtor delays delivery or promised to deliver the same thing to multiple people with different interests, the debtor is responsible for any loss due to chance events until delivery is made. 3) A determinate thing is specifically designated while an indeterminate thing refers only to a class or genus without particulars. The creditor brings non-delivery of a determinate thing to court to compel delivery rather than using force against the debtor.

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    OBLIGATIONS AND CONTRACTS | ART. 1165

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    ART 1165

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    1) When a determinate thing is owed under a contract, the creditor can compel the debtor to deliver it. If an indeterminate or generic thing is owed, the creditor can ask that the obligation be fulfilled at the debtor's expense. 2) If the debtor delays delivery or promised to deliver the same thing to multiple people with different interests, the debtor is responsible for any loss due to chance events until delivery is made. 3) A determinate thing is specifically designated while an indeterminate thing refers only to a class or genus without particulars. The creditor brings non-delivery of a determinate thing to court to compel delivery rather than using force against the debtor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    196 views2 pages

    Obligations and Contracts ART. 1165

    Uploaded by

    AstaxYuno
    1) When a determinate thing is owed under a contract, the creditor can compel the debtor to deliver it. If an indeterminate or generic thing is owed, the creditor can ask that the obligation be fulfilled at the debtor's expense. 2) If the debtor delays delivery or promised to deliver the same thing to multiple people with different interests, the debtor is responsible for any loss due to chance events until delivery is made. 3) A determinate thing is specifically designated while an indeterminate thing refers only to a class or genus without particulars. The creditor brings non-delivery of a determinate thing to court to compel delivery rather than using force against the debtor.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    OBLIGATIONS AND CONTRACTS

    ART. 1165

    ART. 1165. When what is to be delivered is a determinate thing, the


    creditor, in addition to the right granted him by Article 1170, may
    compel the debtor to make the delivery. If the thing is indeterminate or
    generic, he may ask that the obligation be complied with at the
    expense of the debtor. If the obligor delays, or has promised to deliver
    the same thing to two or more persons who do not have the same
    interest, he shall be responsible for any fortuitous event until he has
    effected the delivery. (1096)

    A determinate or specific thing is something which is susceptible of particular


    designation or specification. (ex.) Mercedez Benz Car Model 2000, Chasis No.
    12345678910 with Plate No. BBB 2222.

    An indeterminate or generic thing is something which is not particularized or


    specified but has reference only to class or genus. (ex) a money, a car etc.

    Paragraph 1 does not mean that the creditor can use force or violence upon the
    debtor. The creditor must bring the matter to the court and the court and will be the
    one to order the delivery. When a debtor does not fulfill his obligation to deliver a
    determinate thing the creditor may avail himself of the following actions:

    (1.) Complaint for specific performance;

    (2.) Complaint fore recission of the obligation;

    (3.) Compalint for damages.

    An obligation to deliver a determinate thing as a general rule is extinguished if the


    thing is lost due to fortuitous events. Whereas an obligation to deliver an
    indeterminate or generic thing is not extinguished by fortuitous events.

    Genus Nunguam Perit (Genus Never Perishes)


    A fortuitous event is an extra ordinary event which cannot be foreseen or which
    though foreseen is inevitable. As a general rule no person shall be responsible for
    those events which could not be foreseen or which though foreseen were inevitable
    except:

    1.) In cases expressly specified by law;

    2.) When it is stipulated by the parties;

    3.) When the nature of the obligation requires assumption of risk.

    Article 1165 paragraph 3 is an example of an exception expressly provided by law.


    Thus id the debtor is guilty of delay in the performance of his obligation or has
    promised to deliver the same thing to two or more persons who do not have
    common interest he shall be liable for the loss of the thing by reason of fortuitous
    event until he has effected the delivery thereof. Delay in paragraph 3 speaks of
    extra ordinary or legal delay and not ordinary delay. Extra ordinary delay is a delay
    tantamount to non-fulfillment of obligation and arises after an extrajudicial or
    judicial demand had been made upon the debtor.

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