Rights, duties in obligation 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 duties of the debtor in obligations to give a specific thing:

a)  To preserve or take care of the thing due with the proper diligence of a good father of a family[1];

b) To deliver the thing itself[2];

c) To deliver the fruits of the thing[3]; 

d)  To deliver its accessions and accessories[4]; and

• Accessions – everything which is produced by a thing, or which is incorporated or attached thereto, excluding fruits

• Accessories – things designed for the embellishment, use or preservation of another thing of more importance

e) To pay damages in case of breach[5].

The following are rights of the creditor in obligations to give a specific thing:

a) To compel delivery[6];

b) To the fruits from the time the obligation to deliver arises[7];

c) To the accessions and accessories, even if not mentioned[8];

d) Not to be compelled to receive a different one, although of the same value as, or more valuable than that which is due[9]; and

e) To recover damages in case of breach, exclusive or in addition to specific performance.[10]

[1] Art. 1163, Civil Code.

[2] Art. 1165, Civil Code.

[3] Art. 1164, Civil Code.

[4] Art. 1166, Civil Code.

[5] Art. 1170, Civil Code.

[6] Art. 1165, Civil Code.

[7] Art. 1164, Civil Code.

[8] Art. 1166, Civil Code.

[9] Art. 1244, Civil Code.

[10] Arts. 1165, 1170, Civil Code.

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