Rights, duties in obligations to give a specific thing

An obligation is the juridical necessity to give, to do or not to do. Obligations to give may be over a specific thing or a generic thing. Provisions cited below are taken from the New Civil Code of the Philippines.

The following are obligations of the debtor in obligations to give a specific thing.

[1] To preserve and to take care of the thing due (Article 1163);
[2] To deliver the thing to the creditor (Article 1165);
[3] To deliver the fruits of the thing (Article 1164);
[4] To deliver the accessions and accessories of the thing (Article 1166); and
[5] In case of breach, to pay damages (Article 1170).

Accessions are everything produced by a thing or incorporated thereto, or attached thereto. Accessories are things destined for embellishment or preservation or attached to the thing for perfection or ease of use. Normally, accessories are of less importance or value than the principle thing (the thing to which accessories are attached).

Fruits are those produced by the thing, which may be civil, industrial or natural fruits.The following are the rights of the creditor in obligations to give a specific thing.

[1] To compel the debtor to deliver the thing (1165);
[2] To recover damages in case of breach, with or without specific performance (Article 1165, 1170);
[3] To demand deliver of the fruits accruing from the time the obligation to deliver arises (Article 1164); and
[4] To refuse delivery of a thing different from that which is agreed upon (Article 1244).

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. en.wikipedia.org/wiki/Specific_performance.

Under Article 1244, it does not matter whether the different thing delivered is of the same or better value that that which is agreed upon.

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