Art. 1163.
Every Person obliged to give something is also obliged diligence in the vigilance over the goods and for the safety of the
to take care of it with the proper diligence of a good father of a
family
In connection to:
Art. 1458. By the contract of sale, one of the contracting parties
obligates himself to transfer the ownership of and to deliver a
determinate thing, and the other to pay therefore a price certain in
money or its equivalent.
A contract of sale may be absolute or conditional.
Art. 1459. The thing must be licit and the vendor must have a right
to transfer the ownership thereof at the time it is delivered.
Art. 1460. A thing is determinate when it is particularly designated
or physically segregated from all others of the same class.
The requisite that a thing be determinate is satisfied if at the time
the contract is entered into, the thing is capable if being made
determinate without the necessity if a new or further agreement
between the parties.
Art. 1461. Things having a potential existence may be the object if acquire no real right over it until the same has been delivered to
the contract of sale.
The efficacy of the sale of a mere hope or expectancy is deemed In connection to:
subject to the condition that the thing will come into existence.
Art. 1773. Common carriers, from the nature of their business and
for reasons of public policy, are bound to observe extraordinary
passengers transported by them, according to all the circumstances.
Art. 1734. Common carriers are responsible for the loss, destruction,
or deterioration of the goods, unless the same is dues to any of the
following causes only:
(1) Flood, storm earthquake, lightning, or other natural
disasters or calamity;
(2) Act of the public enemy in war, whether international or
civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character of the goofs or defects in the packing or in
the containers.
Art. 1755. A common carrier is bound to carry the passengers safely
as far as human care and foresight can provide, using the utmost
diligence of very cautious persons, with a due regard for all the
circumstances.
Art. 1164. The Creditor has the rights to the fruits of the thing
from the time the obligation to deliver it arises. However, he shall
him.
Art. 440 The ownership of the property give the right by
accession to everything which is produced thereby, or which is
incorporated or attached thereto, either naturally or artificially.
Art. 441. To the owner belongs: thing sold cannot be transferred to the possession of the vendee at
1. The natural fruits the time of the sale, or if the latter already had it in his possession for
2. Industrial fruits any other reason.
3. Civil Fruits
Art. 1500. There may also be tradition constituum possessorium.
Art. 442 Natural Fruits are the spontaneous products of the soil,
and the young and other products of animals Art. 1501. With respect to incorporeal property, the provisions of the
first paragraph or art. 1498 shall govern. In any other case wherein
Industrial fruits are those produced by lands of any kind through said provisions are not applicable the placing of the titles of
cultivation or labor. ownership in the possession of he vendee or the use b the vendee of
his rights, with the vendors consent, shall be understood as a
Civil fruits are rents of building, the price of leases of lands and delivery.
other property and the amount of perpetual of life annuities or other
similar income. Art. 1537 The vendor is bound to deliver the thing sold and its
accessions and accessories in the condition in which they were upon
Art. 1495 The vendor id bound to transfer the ownership of and the perfection of the contract.
delivery, as well as warrant the thing which is the object of the sale.

Art. 1496 The ownership of the thing sold is acquired by the vendee Art. 1172. Responsibility arising from negligence in the
from the moment it is delivered to him in any of the ways specified in performance of every kind of obligation is also demandable, but
Articles. 1497 to 1501, or in any other manner signifying an such liability may be regulated by the courts, according to the
agreement that the possession is transferred from the vendor to the circumstances.
vendee
Art. 1173. The fault or negligence of the obligor consists in the
Art. 1497 The thing sold shall be understood as delivered, when it isomission of that diligence which is required by the nature of the
placed in the control and possession of the vendee. obligation and corresponds with the circumstances of the persons,
Art. 1498. When the sale is made through a public instrument, the of the time and of the place. When negligence shows bad faith, the
execution thereof shall be equivalent to the delivery of the thing provisions of Art. 1171 and 2201 (2) shall apply.
which is the object of the contract, if from the deed the contrary does
not appear or cannot clearly be inferred. In connection to:

Art. 1499. The delivery of movable property may likewise be made Art. 2176. Whoever by act or omission causes damage to another,
by the mere consent or agreement of the contracting parties, if the there being fault or negligence, is obliged to pay for the damage
 done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed
by the provisions of this chapter.
Art. 1174. Except in cases expressly specified by the law, or when
it is otherwise declared by stipulation, or when the nature of the
obligation requires the assumption of risk, no person shall be
responsible for those events which could not be foreseen, or
which, though foreseen were inevitable.
In relation to:
Art. 552 (2). A possessor in bad faith shall be liable for the
deterioration or loss in every case, even if caused by a fortuitous
event.
Art. 1165 (3) If the obligor delays, or has promised to deliver the
same thing to two or more persons who do not have the same
interest, shall be responsible for fortuitous event until he has effected
the delivery.
Art. 1942. The beilee is liable for the loss of the thing, even if it
should be through a fortuitous event:
1. If he devotes the thing to any purpose different from that
which it has been loaned.
2. If he keeps it longer than the period stipulated, or after the
accomplishment of the use for which the commodatum has been
instituted.
3. If the thing loaned has been delivered with appraisal of its
value, unless there is a stipulation exempting the bailee from
responsibility in case of a fortuitous event.
4. If he lends or leases the thing to a third person, who is not a
member if his household.
5. If being able to save either the thing borrowed or his own
thing, he chose to have the latter.
Art. 2147. The officious manager shall be liable for any fortuitous
event:
1. If he undertakes risky operations which the owner was not
accustomed to embark upon;
2. If he has preferred his own interest to that of the owner;
3. If he fails to return the property or business after demand by
the owner;
4. If he assumed the management in bad faith.
Art. 2148. Except when the management was assumed to save the
property or business from imminent danger, the officious manager
shall be liable for fortuitous events:
1. If he is manifestly unfit to carry on the management;
2. If by his intervention he prevented a more competent person
fro taking up the managementl
Art, 2159. Whoever in bad faith accepts an undue payment, shall
pay legal interest if a sum of money is involved, or shall be liable for
fruits received or which have been received if the thing produces
fruits.

He shall furthermore be answerable for any loss or impairment

of the thing from any cause and for damages to the person who
delivered the thing until it is recovered.