What are the requirements of Article 1163?

Article 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. This article speaks of an obligation to care of a determinate thing.

What is Article 1165 all about?

Article 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.

What is the general rule of Article 1164?

Article 1164 of the Civil Code provides that “a payment made in good faith to the person who is in possession of the credit shall release the debtor,” and article 1163, paragraph 2, reads as follows: “A payment made to a third person shall also be valid in so far as it may have been beneficial to the creditor.”

What is the legal consequence if the person obliged to do something fails to do?

If a person obliged to do something fails to do it, the same shall be executed at his cost. Art. 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.

What is generic thing in law?

In contrast, indeterminate or generic thing is the opposite of determinate or specific thing; that is, generic or indeterminate thing is not particularly designated or physically segregated from all others of the same class. It means that a thing cannot be specifically determined from things of the same class.

What are three 3 kinds of default in law?

What are the kinds of delay or default?

Mora solvendi – default on the part of the debtor/obligor. a. Ex re – default in real obligations (to give) b.
Mora accipiendi – default on the part of the creditor/obligee.
Compensatio morae – default on the part of both the debtor and creditor in reciprocal obligations.

What are the grounds for damages under Article 1170?

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.

What does Resolutory condition mean?

Resolutory condition refers to a condition whereby, upon fulfillment terminates an already enforceable obligation. It also entitles the parties to be resorted to their original positions. A resolutory condition is also implied in all commutative contracts.

What are the requirements of Article 1163? Article 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. This article speaks of an obligation to care of…