Civil Code Art. 1165: Nature and Effect of

Statute: Civil Code
Article: Art. 1165
Topic: Nature and Effect of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 2 Nature and Effect of Obligations
Formerly: Art. 1096 of the old Civil Code
Year: 1949

The provision

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. (1096)

Cases applying this article

Jimmy Co v. Court of Appeals G.R. No. 124922

Related provisions in this Chapter

Civil Code, Art. 1167 Nature and Effect of Obligations
Civil Code, Art. 1171 Nature and Effect of Obligations
Civil Code, Art. 1172 Nature and Effect of Obligations
Civil Code, Art. 1173 Nature and Effect of Obligations
Civil Code, Art. 1175 Nature and Effect of Obligations
Civil Code, Art. 1176 Nature and Effect of Obligations
Civil Code, Art. 1177 Nature and Effect of Obligations

Civil Code, Art. 1165 is found in CHAPTER 2 Nature and Effect of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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