Text of the provision
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.
(1167a)
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 generic thing of unstated quality, the creditor cannot demand superior quality and the debtor cannot deliver inferior quality — the standard is medium quality, judged by the purpose and circumstances.
Questions about this provision
Related provisions
- Article 1245 — Dation in Payment.
- Article 1247 — Expenses of Payment.
Cases citing this article
- Aurora Fe B. Camacho vs. Court of Appeals, et al, G.R. No. 127520, February 9, 2007 — 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.