Specific Thing - GR: Place designated in the obligation. If no place designated, what applies for the specific thing?

Specific Thing - GR: Place designated in the obligation. If no place designated, what applies for the specific thing?

• A. Specific thing: place designated in the obligation; if none, the thing's location at the moment the obligation was constituted; Generic thing: place/domicile of the debtor.
• B. Specific thing: place designated; Generic: place of the debtor's domicile.
• C. Specific thing: debtor's domicile; Generic: creditor's domicile.
• D. Specific thing: place of the seller; Generic: debtor's domicile.

Answer: (A)

The rule here hinges on where performance of the obligation is anchored when the contract doesn’t specify a place. For a specific thing, the default is the place where that thing is located at the moment the obligation was constituted. That makes practical sense: delivery or transfer of a named object should occur where the object actually is when the obligation came into existence. If the obligation concerns a generic thing (not a specific item), there isn’t a particular object to point to, so the default becomes the debtor’s domicile, providing a stable reference point tied to the person obligated. So, the correct approach is: specific thing follows the place where the thing is located at the time the obligation was created; generic thing follows the debtor’s domicile.

The rule here hinges on where performance of the obligation is anchored when the contract doesn’t specify a place. For a specific thing, the default is the place where that thing is located at the moment the obligation was constituted. That makes practical sense: delivery or transfer of a named object should occur where the object actually is when the obligation came into existence. If the obligation concerns a generic thing (not a specific item), there isn’t a particular object to point to, so the default becomes the debtor’s domicile, providing a stable reference point tied to the person obligated.

So, the correct approach is: specific thing follows the place where the thing is located at the time the obligation was created; generic thing follows the debtor’s domicile.