Text of the provision
Art. 1165. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
For a determinate thing, the creditor may compel delivery (plus damages); for a generic thing, performance may be done at the debtor's expense. A debtor in delay, or who promised the same thing to two buyers with different interests, bears the risk of fortuitous loss until delivery.
Questions about this provision
Related provisions
- Article 1164 — Right to the Fruits.
- Article 1166 — Accessions and Accessories.
Cases citing this article
- Equatorial Realty, et al. vs. Mayfair Theater, G.R. No. 106063, November 21, 1996 — read the decision on LawPhil →
- Rebecca T. Cabutihan vs. Landcenter Construction & Development Corporation, G.R. No. 146594, June 10, 2002 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.