Every person obliged to give something is also obliged to take care of it with diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
KINDS OF OBLIGATION
REAL & PERSONAL
ARTICLE 1244
The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due.
ARTICLE 1165
When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by the Article 1170, may compel the debtor to make the delivery.
1165
To deliver without delay and NOT to promise to deliver the same thing to two or more persons who do not have the same interest, otherwise liable even for fortuitous event.
1163
Every person obliged to give something is also obliged to take care of it with proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
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.
ARTICLE 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.
1165
If the thing is independent or generic, he may ask that the obligation be complied with of the expense of the debtor.
ORDINARY DELAY
This is a mere non-performance at the stipulated time
DEFAULT
Is that delay which amounts a virtual non-fulfillment of the obligation
ACCESSORIES
Those joined to or included with the principal for the latter's better use, perfection or enjoyment.
ACCESSIONS
Additions or improvements upon a thing.
NATURAL FRUITS
Spontaneous products of the soil and animals.
INDUSTRIAL FRUITS
Those produced by lands of any kind through cultivation or labor.
PERSONAL RIGHT
Is called "jus in personam" or "jus ad rem" a personal right is power demandable by one person of another - to give, to do, or not to do
REAL RIGHT
Is a "jus in re" a real right is a power over a specific thing (as in ownership or possession) and is binding one the whole world.
KINDS OF DELIVERY
ACTUAL DELIVERY & CONSTRUCTIVE DELIVERY
ACTUAL DELIVERY
Where physically, the property changes hands.
CONSTRUCTIVE DELIVERY
That where the physical transfer is implied.
ARTICLE 1246
When the obligation consists in the delivery of an indeterminate thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality.
1246
Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration.
To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor there of.
FIVE KINDS OF CONSTRUCTIVE DELIVERY
SYMBOLICAL TRADITION, DELIVERY BY MERE CONSENT, DELIVERY BY SHORT HAND, OPPOSITE OF TRADITIO BREVI MANU, & TRADITION BY THE EXECUTION OF SLEGAL FORMS AND SOLEMNIZATION