Art. 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.

Comment:

(1) When creditor is entitled to the fruits

Example: A is obliged to give B on Dec. 3, 2004, a particular parcel of land. (Before

Dec. 3, he has no right whatsoever over the fruits). After Dec. 3, 2004, B, the
creditor is entitled (as of right) to the fruits. But if the fruits and the land are
actually or constructively delivered only Dec. 15, 2004, B becomes owner of said
fruits and land only from said date. Between Dec. 3 and Dec. 15, B had only a
personal right (enforceable against A); after Dec. 15, he has a real right (over the
properties), a right that is enforceable against the whole world.

Personal right (jus in personam or jus ad rem) is power demandable by one person
of another to give, to do, or not to do.

Real right (jus in re) is a power over a specific thing like the right of ownership or
possession and is binding on the whole world.

Art. 1164 Page 1

 (2) Latin Maxim (Re Delivery and Ownership)
Non nudis pactis, sed traditionis dominia rerym transferantur. (As a consequence
of certain contracts, it is not agreement but tradition or delivery that transfers
ownership).

(3) Kinds of Delivery

(a) Actual delivery or Tradition where physically, the property changes hands.
Example: If A sells B a fountain pen, the giving by A to B of the fountain pen is
actual tradition.

(b) Constructive Delivery that were the physical transfer is implied. This may be
done by:
(1) Traditio simbolica (symbolical tradition) as when the keys of the bodega are
given

(2) Traditio longa manu (delivery by mere consent or the pointing out of the
object) (etymologically, the extending of the hand Example: pointing out
the car, which is the object of the sale.

Art. 1164 Page 2

 (3) Traditio brevi manu (delivery by the short hand; that kind of delivery
whereby a possessor of a thing not as an owner, becomes the possessor as
owner) (Example: when a tenant already in possession buys the house he is
renting).

(4) Tradition constitutum possessorium the opposite of brevi manu; thus, the
delivery whereby a possessor of a thing as an owner, retains possession no
longer as an owner, but in some other capacity (like a house owner, who sells
a house, but remains in possession as tenant of the same house).

(5) Tradition by the execution of legal forms and solemnities (like the execution
of a public instrument selling land).

Art. 1164 Page 3