Rights and obligations of creditors and debtors, A1163-1178 Civil Code

1. Rights and obligations

a. Creditors

1) To demand that a thing to be given is taken cared of

Article 1163. 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. (1094a) (CIVIL CODE)

2) To compel delivery of a thing subject of an obligation

Article 1165. 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… (1096) (CIVIL CODE)
a) Generic thing
Article 1165. x x x
If the thing is indeterminate or generic, he [the creditor] may ask that the obligation be complied with at the expense of the debtor. … (1096) (CIVIL CODE)
b) Determinate thing
Article 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. (1097a) (CIVIL CODE)
c) Fortuitous event liability
Article 1165. x x x
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096) (CIVIL CODE)

Thus, the obligor is liable despite fortuitous in case of:

1) Delay; or

2) Promised to deliver the same thing was made to two or more persons.

3) To receive the fruits of a thing

Article 1164. 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. (1095)

4) To have obligation done by another at obligor’s expense

a) Where obligor fails to do so
Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. (1098) (CIVIL CODE)
b) Where obligor contravenes tenor of obligation
Article 1167. x x x
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098) (CIVIL CODE)

5) To have obligation undone by another at obligor’s expense

Article 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a) (CIVIL CODE)

NB: The above-mentioned rights and obligations are not exhaustive. Additional rights and obligations may be provided for by other legal provisions and/or laws.

b. Debtors

1) To take care of a thing to be given

Article 1163. 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. (1094a) (CIVIL CODE)

2) To deliver a thing subject of an obligation

3) To deliver the fruits of a thing

Article 1164. 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. (1095)

4) To pay for expenses on obligations done by another

a) Where obligor fails to do so
Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. (1098) (CIVIL CODE)
b) Where obligor contravenes tenor of obligation
Article 1167. x x x
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098) (CIVIL CODE)

5) To pay for expenses for acts requiring undoing by another

Article 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a) (CIVIL CODE)

NB: The above-mentioned rights and obligations are not exhaustive. Additional rights and obligations may be provided for by other legal provisions and/or laws.

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