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(Articles 1163-1178)
ACCOMPANYING OBLIGATIONS
I. OBLIGATION TO GIVEReal Obligation
Difference from OBLIGATION TO DO
Obligation to give there is a thing or object that s to be transferred
Obligation to do there is no object, the act involved is act of doing
Specific performance, a suit to compel performance of the obligation in court, is an available legal remedy in Obligation to
Give but not in Obligation to Do
To deliver its FRUITS from the time the obligation to deliver the principal thing arises. (Article 1164)
Meaning of Fruit any product of a thing or or of a juridical relation
Kinds of Fruit
NATURAL FRUITS INDUSTRIAL FRUITS CIVIL FRUITS
Spontaneous products of the soil Those produced by lands of any kind Those derived by virtue of juridical
and the young and other products through cultivation or labor. relation.
of animals.
Ti
To deliver all its ACCESSIONS and ACCESSORIES even though they may not have been mentioned. (Article 1166)
ACCESSIONS ACCESSORIES
Fruits of a thing or additions to or improvements Things joined to another as an ornament to make it
upon a thing. complete.
Examples: Examples:
A house on a land Key to a house
Air conditioner of a car Ink of a ball pen
Cover of a ball pen Roof of a house
To answer for damages in the event of FRAUD, NEGLIGENCE, DELAY, or CONTRAVENTION in any manner of
the tenor of the obligation. (Article 1170)
As to TIME of commission
a) Past Fraud fraud which already happened
b) Future Fraud fraud which is yet to happen
Waiver for action of future fraud is void (Article 1171)
II. NEGLIGENCE
Meaning
any voluntary act or omission, there being no malice which prevents the normal fulfillment of any obligation
the omission of that diligence which is required by the nature of the obligation and corresponds with the
circumstances of the person, of the time, and of the place (Article 1173)
Kinds
General Principles and Concepts