Nature and effect of obligations – Obligations Law

1. Obligation to give

a. Good father of a family

Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (Article 1163, Civil Code)

b. Rights of creditors

1) To receive the fruits of the thing

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. (Article 1164, Ibid.)

2) To demand delivery

When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. (Article 1165, Ibid.)

a) Includes accessions, accessories

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 1166, Ibid.)

3) To demand compliance at expense of the debtor

If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. (Paragraph 2, Article 1165, Ibid.)

4) To be entitled to damages

When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. (Article 1165, Ibid.)

a) Fraud, negligence, delay

Those who in the per...