Delivery of a Specific Item: Obligations and Scope
When the obligation concerns a clearly identified item, the debtor must also safeguard it until delivery. This requires proper care, protection, and preservation of the item.
Example: If a vehicle with a specific chassis number is sold, the seller must keep it properly stored and protected until delivery, avoiding damage or improper use.
Performance Involving Generic Goods
When the obligation refers not to a specific item but to goods identified only by their type, the debtor fulfills the obligation by delivering goods of average quality (which does not mean low quality, but a reasonable and customary market standard).
Example: If a person must deliver “100 kilos of rice,” they fulfill the obligation by providing rice in good condition, suitable for consumption, and of reasonable average quality—neither premium nor poor-quality rice.
Partial Performance of Obligations
Performance Using Goods Belonging to Third Parties
If the debtor performs the obligation using goods over which they lack the power of disposal, they may not later challenge the performance unless offering to replace them with goods they legally control. Meanwhile, a creditor acting in good faith may challenge the delivery and demand new performance, without prejudice to the right to claim damages.
Example: If someone delivers machinery that does not belong to them, the creditor may request replacement with proper machinery and seek damages, provided they acted in good faith.
Substitution of Performance Without Consent
The debtor is not released by offering a different performance than the one agreed, even if it is of equal or greater value, unless the creditor consents. If the substituted performance involves the transfer of ownership or rights, the debtor remains liable for eviction and hidden defects unless the creditor prefers to demand the original performance along with compensation.
Example: If the obligation is to deliver a computer and the debtor offers a tablet of higher value, the obligation remains in force unless the creditor expressly accepts the substitution.
Assignment of Credit as Performance
If the creditor agrees to receive the assignment of a credit instead of the original performance, the obligation is not extinguished until the credit is effectively collected, unless otherwise agreed.
Example: If someone owes Bs. 10,000 and proposes to assign an equivalent credit, the obligation ends once the creditor successfully collects that credit.
Alternative Performance Through Judicial Authorization
When the debtor cannot perform the obligation according to the agreement or legal requirements, they may request judicial authorization to perform in a different manner or through an alternative prestation. This ensures balance between the parties and prevents the obligation from remaining unfulfilled.
Example: If a required item is destroyed due to an event not attributable to the debtor, they may request judicial authorization to comply by providing an equivalent item or financial compensation.
In summary, the rules concerning the object of performance define with precision how an obligation must be satisfied, ensuring balance between the rights of the creditor and the duties of the debtor. Their proper application helps prevent disputes and promotes coherent interpretation within civil legal relations.
Our law firm offers specialized assistance in civil obligations, legal interpretation, and resolution of contractual disputes. If you require professional support in a matter related to performance of obligations, feel free to contact our team.
Frequently Asked Questions (FAQs)
What does it mean to safeguard a specific item before delivery?
The debtor must protect and preserve the specific item until delivery, avoiding any damage or loss.
Can a different item be delivered instead of the agreed one?
No. A different item can only be delivered if the creditor expressly consents.
What happens if the debtor delivers an item that does not belong to them?
The creditor may demand new performance and claim damages, provided they acted in good faith.
Can an obligation be fulfilled in parts?
Yes, but only when there is an agreement, creditor acceptance, or a legal rule that allows partial delivery.
Does the assignment of a credit extinguish the obligation immediately?
No. The obligation is extinguished once the assigned credit is actually collected, unless the parties agree otherwise.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
