Generic Real Obligation/Indeterminate Thing

Question 1

Generic Thing: one that is indicated only by its kinds, without being designated and distinguished from others of the same kind.

Answer 1

Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. -

Question 2

Effect of loss

Answer 2

Effect of loss
Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation.

Obligations in delivery of generic thing 1. To deliver neither superior nor inferior thing 2. To pay damages in case of breach of damages

Question 3

Remedies available to creditor

Answer 3

Art. 1165. When what is to be delivered is a indeterminate or generic thing, the creditor may ask that the obligation be complied with at the expense of the debtor

Art. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages

Question 4

Kinds of performance

Answer 4

1. Specific performance: To compel the debtor to make the delivery (both specific or generic thing)
2. Substitute performance: The creditor may ask that the obligation be complied by another person at the expense of the debtor (generic thing only)
3. Equivalent performance a. Payment of damages b. In obligation not to do, the forbidden act done shall be undone at the debtor’s expense