Understanding Legal Obligations: Give, Do, and Not Do

Obligations to Give

This consists of the delivery of a thing which the debtor agrees to provide to the creditor, and which the latter is entitled to demand.

The obligation may include ancillary duties:

• Delivery of fruits and yields: The obligation to provide any fruits or yields produced by the item.
• Duty to preserve: The obligation to keep and maintain the item in good condition between the birth of the obligation and its fulfillment.

Purpose and Scope

• Transfer of Ownership: The debtor transfers full ownership, such as in a sale (Article 1088 CC).
• Transfer of Possession: The debtor transfers material possession without legal ownership, such as in a lease.
• Restitution: The obligation to restore an item to its rightful owner, such as returning leased property.

Types of Obligations to Give

• Specific Obligations: The aim is to deliver a concrete, individually determined item (e.g., a specific painting from an art collection).
• Generic Obligations: The aim is to deliver an item determined by its genus or common characteristics (e.g., any painting from a collection).

Note: The specification of a generic obligation occurs when the debtor selects the specific item to fulfill the duty, effectively converting it into a specific obligation.

Impact of Impossibility

If the item is destroyed through no fault of the debtor:

• Specific Obligations: The obligation is extinguished.
• Generic Obligations: The obligation is not extinguished, as the genus never perishes; the debtor must still fulfill the duty.

Obligations to Do

This consists of the realization of conduct or activity by the debtor, other than the delivery of a thing.

• Obligations of Simple Activity: The debtor agrees to perform a specific behavior without guaranteeing a specific result (e.g., a lawyer defending a client).
• Obligations of Result: The debtor is obligated to perform a behavior and achieve a specific outcome (e.g., a writer completing a manuscript).
• Very Personal Obligations: The duty can only be performed by the specific debtor.
• Fungible Obligations: The duty may be performed by any person, not exclusively the original debtor.

Obligation Not to Do

The object of this obligation is negative, requiring the debtor to refrain from performing a specific behavior.