1.

Obligation to give
Intimately connected with the thing that is the subject matter of relation That which has for its object the delivery of a thing which the obligor must deliver to the obligee because of whatever right the latter may have acquired over the same (Caguioa)

2.
Rights of the creditor in determinate obligations:
1. To compel specific performance Such action when the debtor does not comply with what he has promised and the creditor demands that he fulfill the same The debtor may be compelled to make the delivery of the very thing agreed upon Complemented by Art. 1244 par.1 which states that the debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. Implies that its basis is a contractual relation between plaintiff and defendant (Tolentino)

2. To recover damages for breach of the obligation

3.
EFFECT OF OBLIGATIONS DUTIES OF DEBTOR IN AN OBLIGATION TO GIVE A DETERMINATE THING
1. To preserve or take care of the thing due with the diligence of a good father of a family DILIGENCE OF A GOOD FATHER OF A FAMILY Ordinary care or that diligence which an average or reasonably prudent person would exercise over his own property NOTE:

Rule on Standard of Care That which the law requires; or That stipulated by the parties; or In the absence of the two, diligence of a good father of a family

2. To deliver the fruits of the thing Right to the fruits of the thing from the time the obligation to deliver it arises

4.
"Mora" does mean "default" but legally speaking this event required previously a "notice of nonpayment" by the creditor sent to the debtor.

5.
NEGLIGENCE
Failure to observe for the protection of theinterests of another person, that degree of care,precaution and vigilance which the circumstances justly demand, whereby such other personsuffers injury. ( US v. Barrias, 23 Phil. 434 [1912])

6.
FRAUD (Dolo)
It is the deliberate or intentional evasion of the normal fulfillment of an obligation. (8 Manresa 72) Oleary Macondray & Co., 45 Phil. 812 [1924 It implies some kind of malice or dishonesty and it cannot cover cases of mistake and errors of judgment made in good faith.

Dolo
Fraud in performance of obligation already existing because of a contract

7.
Fortuitous Event
-an event of natural or human origin that could not have been reasonably foreseen or expected and is out of control of the persons concerned.

Force Majeure
-is an unexpected and disruptive event that may operate to excuse a party from a contract

Laureles, Paul Arvin C. BSBA MM (III)