Delivery or Tradition

Question 1

Actual Delivery

Answer 1

Physical transfer of the thing from the creditor to the debtor

Where physically, the property changes hand

Question 2

Constructive delivery

Answer 2

Where the physical transfer is implied

Question 3

Kinds of constructive delivery

Answer 3

Kinds of constructive delivery
a) Symbolic Delivery: as when the keys of the car are given as graduation gift.

b) Formal Delivery: execution of public instrument selling land.
c) Traditio Longa Manu: delivery by mere consent or pointing out of the object

d) Traditio Brevi Manu: delivery by the short hand; the kind of delivery whereby a possessor of a thing not as an owner, becomes as owner
E.g. When a tenant already in possession buys the house he is renting.

e) Traditio 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
E.g. When a house owner, who sells a house, but remains in possession as tenant of the same house.

Question 4

OBLIGATION TO GIVE Specific Real Obligation/Determinate Thing

Answer 4

OBLIGATION TO GIVE Specific Real Obligation/Determinate Thing
Art. 1460. A thing is determinate when it is particularly designated or physical segregated from all other of the same class.

Art. 1244. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due.

Question 5

Effect of loss of specific determinate thing

Answer 5

Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.

Question 6

Primary obligation and Accessory obligations

Answer 6

Primary obligation - To give determinate or specific thing

Accessory obligations

1. To preserve: bonus pater familias
2. To deliver the thing Itself
3. To deliver the fruits
4. To deliver accessories and accessions

Question 7

To Preserve

Answer 7

To Preserve
Art. 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

Question 8

To Deliver the Thing Itself

Answer 8

To Deliver the Thing Itself - The thing to be delivered is not susceptible to substitution, even if the substitute is greater in value, unless the parties agree to the same.

Question 9

To Deliver the Fruits

Answer 9

To Deliver the Fruits
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.

Question 10

Kinds of fruits

Answer 10

Kinds of fruits

1. Natural: spontaneous products of the soil and the young and other products of animals
2. Industrial: those produced by lands of any kind through cultivation or labor
3. Civil: rents of buildings, price of leases of lands, etc. Civil fruits arise from civil obligations

Question 11

Delivery of accessions and fruits

Answer 11

Accessions- Those that were existing at the time of the creation of the obligation must be delivered along with the very thing itself.

Fruits- Only when the delivery arises.