Rights, duties in obligation to give a specific thing
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.
