1163 - 1169 Flashcards
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.
Simplification: If you have to give something, you must take care of it responsibly unless the law or an agreement says otherwise.
Example: If you’re selling a car and it’s still in your possession, you need to maintain it properly, like keeping it clean and in good working condition, until you hand it over to the buyer.
1163 (Properly care for the item before delivering it)
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.
Simplification: The person owed something has the right to its benefits once the duty to give it starts, but they don’t fully own it until it’s actually handed over to them.
Example: Imagine you bought a car, and today is the day you’re supposed to get it. The car dealership tells you it’s on its way, but it hasn’t arrived yet. Even though today is the delivery day, you don’t officially own the car until it’s actually in your possession. If the car gets damaged or stolen on the way to you, you wouldn’t be responsible, because it wasn’t officially yours yet.
1164 (You only own it once it’s delivered)
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.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
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.
Simplify: If the item is specific, you can force the delivery. If it’s general, you can ask for delivery at the debtor’s cost. If the debtor delays or promises the item to others, they are responsible for any issues until it’s delivered.
Example:
- Specific Item (Determinate Thing):
• Example: You buy a unique painting. If the artist delays, you can force them to deliver it. - Generic Item:
• Example: You order 100 apples. If the supplier delays, you can buy elsewhere, and the original supplier pays any extra costs. - Delay or Multiple Promises:
• Example: The artist promises the same painting to two people. If delayed, the artist is responsible for any damage until it’s delivered.
1165 (Deliver the exact item promised)
The obligation to give a determinate thing includes that of delivering all its accessions
and accessories, even though they may not have been mentioned.
Simplify: When you have to give a specific item, you must also include all related parts and accessories, even if they weren’t mentioned.
Example: If you sell a laptop, you must also give the charger and any other accessories that came with it, even if you didn’t explicitly list those accessories in the sale.
1166 (Include accessories or parts with the item)
If a person obliged to do something fails to do it, the same shall be executed at his cost. 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.
Simplify: If someone is required to do something and fails to do it, or does it incorrectly, they must cover the cost to have it done properly by someone else. Additionally, if the work is poorly done, it can be undone and redone correctly at their expense.
Example: If you hired a painter to paint your house and they didn’t do it, they would have to pay for another painter to complete the job.
1167 (Pay for what you failed to do or did wrong)
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Simplify: If someone is obligated not to do something but goes ahead and does it, they must undo the action and cover the costs associated with undoing it.
Example: If a lease agreement forbids you from painting the walls of a rented apartment, and you paint them anyway, you must pay to remove the paint and restore the walls to their original condition.
1168 (To not do something)
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist:
(1) When the obligation or the law expressly so declare; or
(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins.
Simplify: If you ask for something to be delivered or done and it’s not done on time, the person is late.
You don’t need to ask them if:
1. The contract or law says they’re automatically late.
2. The timing was a key part of the deal.
3. They can’t do it anymore.
If both sides have obligations, neither is late if the other hasn’t done their part yet. Once one side does their part, the other side starts being considered late.
Example: If you order a chair and the delivery is late, they are late once you ask them about it. If the timing was crucial, they are late even without asking. If they don’t deliver, you only start being late for your part after they have done their part.
1169 (Being late on an obligation)
