DETERMINATE AND GENERIC OBLIGATION

BY: MARY ANN GODES STEPHANIE LAPATHA DIONE LOU CADAVOS MA. KLARA ALCARAZ EDEN GRACE LACDANG BSA 2-24

NATURE AND EFFECT OF OBLIGATIONS

Kinds of Thing

1. Specific or Determinate
Particularly designated or physically segregated others of the same class. EXAMPLES: a) the watch I am wearing. b) the car sold by X. c) my dog named Terror. d) the house at the corner of Rizal and Del Pilar Streets. e) the Toyota car with Plate No. AAV 316. f) this cavan of rice. g) the money I gave you.

2. Generic

or Indeterminate

refers only to a class or genus to which it pertains and cannot be pointed

out with particularity. EXAMPLES: a) a Bulova calendar watch

b) the sum of P1000.00 c) a 1995 Toyota car. d) A cavan of rice e) A police dog.

Specific thing and Generic thing distinguished

(1) - It is identified by its individuality- the debtor cannot substitute it with another although the latter is of the same kind and quality without the consent of the creditor. (2) -it is identified only by its specie- the debtor can give anything of the same class as long as it is of the same kind.
EXAMPLE:

 If Ss obligation is to deliver B a Bulova calendar watch, S can deliver any watch as long as it is Bulova with calendar.  But if Ss obligation is to deliver to B a particular watch, the one S is wearing, S cannot substitute it with another watch without Bs consent nor can B require S to deliver another watch without Ss consent although it might be the same kind and value.

y Duties of debtor in obligation to give a determinate thing

1. Preserve the thing. In obligation to give, the obligor has the incidental duty to take care of the thing due with the diligence of a good father of a family pending delivery. a. Diligence of a good father of a family with ordinary care or diligence which an average person exercises over his own property. b. Another standard of care if the law or the stipulation of the parties provides for another standard care, said law or stipulation must prevail.

c. A factor to be considered the diligence required necessarily depends upon the nature of the obligation and corresponds with the circumstances of the person, of the time, and of the place. It is not necessarily the standard of care one always uses in the protection of his property. As a general rule, the debtor is not liable if his failure to preserve the thing is not due to his fault or negligence but to fortuitous events.

d. Reason for debtors obligation the debtor must exercise diligence to ensure that the thing to be delivered would subsist in the same condition as it was when the obligation was contracted. 2. Deliver the fruits of the thing. 3. Deliver the accessions and accessories. 4. Deliver the thing itself. 5. Answer for damages in case of non-fulfillment or breach.

y Duties of debtor in obligation to deliver a generic / indeterminate thing

1. To deliver a thing this is of the quality intended by the parties taking into

consideration the purpose of the obligation and other circumstances. 2. To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor thereof.

Kinds of Fruits

1. Natural fruits spontaneous products of the soil, and the young and other products of animals. (e.g. grass, all trees and plants on lands without the intervention of human labor) 2. Industrial fruits produced by lands of any kind through cultivation or labor (E.g. sugar cane, vegetables, rice) 3. Civil fruits those derived by virtue or juridical relation (e.g. rent of buildings, price of leases of land sand other property)