Part 1. Nature and Effects of Obligations. Obligations and Contracts.

Summary

This video script delves into the nuances of obligations under the Mexico Code of the Philippines, specifically Articles 1156 to 1162. It distinguishes between generic and specific obligations, emphasizing the importance of due diligence akin to a 'good father of a family.' The script explains the rights of creditors, including the entitlement to fruits of a thing from the moment the delivery obligation arises, without acquiring real rights until actual delivery. It also touches on the debtor's responsibilities to deliver all accessions and accessories of a specific thing, even if not explicitly mentioned in the agreement, providing a comprehensive overview of the legal framework governing obligations.

Takeaways

• 📚 The nature and effects of obligations are discussed, distinguishing between generic and specific obligations.
• 📖 A specific obligation refers to something that can be particularly designated or physically segregated, unlike a generic one which refers to a class or genus.
• 🚗 An example given is the difference between promising to deliver a specific car (Toyota with plate number ABC123) versus any car in general.
• 👨‍👩‍👧‍👦 The 'good father of a family' standard of diligence is required unless the law or contract specifies otherwise, especially for obligations to deliver specific things.
• 🌳 Creditors have the right to the fruits of the thing from the time the obligation to deliver arises, but they do not acquire real rights until delivery is made.
• 🍎 'Fruits' in this context include natural, industrial, and civil fruits, which are products of the soil, animals, or judicial relations.
• 🏡 Real rights over property are acquired and transmitted only by delivery; before that, the creditor's rights are personal and not enforceable against the whole world.
• 📝 Article 1164 of the Mexican Code outlines the creditor's right to the fruits of the thing from the time the obligation to deliver arises.
• 🔗 Article 1166 explains that an obligation to give a specific thing includes the delivery of all its accessions and accessories, even if they were not mentioned in the agreement.
• 📚 The script also mentions that all types of obligations include the duty to pay for damages in case of breach, not just obligations to give a generic or specific thing.

Q & A

What is the nature of a specific obligation according to the Mexico Code of the Philippines?

A specific obligation refers to an obligation to deliver something that can be particularly designated or physically segregated from its class, as opposed to a generic obligation which refers to a class or genus and cannot be pointed out with particularity.

What is the standard of care required for an obligor under an obligation to give specific thing?

The obligor must exercise the diligence of a good father of a family, unless the law or the stipulation of the parties requires a different standard of care. For specific things, extraordinary diligence may be required.

What is the difference between a generic and a specific thing in the context of obligations?

A generic thing refers to a class or genus and cannot be pointed out with particularity, while a specific thing is one that can be particularly designated or physically segregated from its class.

What happens if the obligor fails to exercise the required diligence in preserving a specific thing?

If the obligor fails to observe the required diligence, they are liable for any damage that may occur to the specific thing, but this does not apply to a generic thing as the obligor can always provide another item of the same class.

When does the creditor acquire real rights over the thing in an obligation to deliver?

The creditor acquires real rights over the thing only after it has been delivered to them. Prior to delivery, the creditor's rights are merely personal and enforceable only against the debtor.

What are the fruits of a thing as mentioned in Article 1164 of the Mexico Code of the Philippines?

The fruits of a thing refer to natural, industrial, and civil fruits. Natural fruits are spontaneous products of the soil and animals, industrial fruits are produced through cultivation or labor, and civil fruits arise from a judicial relation.

When does the creditor have the right to the fruits of the thing in an obligation to deliver?

The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises, even though they do not acquire real rights over the thing until it is delivered.

What is included in the obligation to deliver all accessions and accessories as per Article 1166?

The obligation to deliver all accessions and accessories includes delivering everything that is produced or attached to a thing naturally or artificially, as well as anything necessary for the thing's perfection, use, and preservation, even if they were not mentioned in the agreement.

What is the remedy for the creditor if the obligor fails to deliver the fruits of the thing?

The remedy for the creditor is to go against the obligor for the value of the fruits. Before delivery, the creditor has only a personal right to demand the delivery of the thing and its fruits.

How does the obligation to give a specific thing differ from an obligation to give a generic thing?

In an obligation to give a specific thing, the obligor is bound to deliver that exact thing, while in an obligation to give a generic thing, the obligor can deliver any item that fits the description of the class or genus agreed upon.