Text of the provision
Art. 1955. The obligation of a person who borrows money shall be governed by the provisions of articles 1249 and 1250 of this Code. If what was loaned is a fungible thing other than money, the debtor owes another thing of the same kind, quantity and quality, even if it should change in value. In case it is impossible to deliver the same kind, its value at the time of the perfection of the loan shall be paid.
(1754a)
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
A money borrower's obligation follows Arts. 1249-1250 (currency and extraordinary inflation). For a non-money fungible, the debtor owes the same kind/quantity/quality even if its value changed; if delivery of the same kind is impossible, its value at the loan's perfection is paid.
Related provisions
- Article 1954 — Non-Fungibles for Fungibles Is Barter.
- Article 1956 — Interest Must Be Stipulated in Writing.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.