Rights, duties in obligation to give a specific thing

An obligation is the juridical necessity to give, to do or not to do. Obligations to give may be over a specific thing or a generic thing. Provisions cited below are taken from the New Civil Code of the Philippines.The following are duties of the debtor in obligations to give a specific thing:

a)  To preserve or take care of the thing due with the proper diligence of a good father of a family (Art. 1163, CC);

b) To deliver the thing itself (Art. 1165, CC);

c) To deliver the fruits of the thing (Art. 1164, CC); 

d)  To deliver its accessions and accessories (Art. 1166, CC); and

• Accessions – everything which is produced by a thing, or which is incorporated or attached thereto, excluding fruits

• Accessories – things designed for the embellishment, use or preservation of another thing of more importance

e) To pay damages in case of breach (Art. 1170, CC).

The following are rights of the creditor in obligations to give a specific thing:

a) To compel delivery (Art. 1165, CC);

b) To the fruits from the time the obligation to deliver arises (Art. 1164, CC);

c) To the accessions and accessories, even if not mentioned (Art. 1166, CC);

d) Not to be compelled to receive a different one, although of the same value as, or more valuable than that which is due (Art. 1244, CC); and

e) To recover damages in case of breach, exclusive or in addition to specific performance (Arts. 1165, 1170, CC).