Article 1165

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

If the debtor fails to deliver a specific thing, the creditor may compel delivery or have someone else deliver it at the debtor's expense. The creditor can also demand damages in either case.

Official text — RA 386

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)

Source: lawphil.net (RA 386 as amended)

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