Art. 1094. A person obliged to give something is also bound to preserve it with the diligence pertaining to a good father of a family.

Art. 1095. A creditor has a right to the fruits of a thing from the time the obligation to deliver it arises. However, he shall not acquire a property right thereto until it has been delivered to him.

Art. 1096. Should the thing to be delivered be a specified one the creditor, independently of the right granted him by article 1001, may compel the debtor to make the delivery.

Should the thing be undetermined or generic he may ask that the obligation be fulfilled at the expense of the debtor.

Should the person obligated be in default, or be bound to deliver the same thing to two or more different persons, he shall be liable therefor with regard to unforeseen events until the delivery is made.

Art. 1097. The obligation to give a specified thing includes that of delivering all of its accessories, even though they may not have been mentioned.

Art. 1098. If the person obliged to do something should not do it, it shall be ordered to be done at his expense.

This shall also be done should he act in contravention of the tenor of the obligation. Whatever has been badly done may also be ordered to be undone.

Art. 1099. The provisions of the second paragraph of the preceding article shall also be observed when the obligation consists in not doing and the debtor should do what he has been forbidden.

Art. 1100. Persons obliged to deliver or to do something are in default from the moment when the creditor demands the fulfillment of their obligation, judicially or extrajudicially.

However, the demand of the creditor, in order that default may exist, shall not be necessary -

1. If the obligation or law declares it expressly.

2. If by reason of its nature and circumstances it may appear that the fixing of the period within which the thing was to be delivered or the service rendered was a determinate cause to constitute the obligation.

In mutual obligations none of the persons bound shall incur default if the other does not fulfill or does not submit to properly fulfill what is incumbent upon him. From the time one of the persons obligated fulfills his obligation the default begins for the other party.

Art. 1101. Those who in fulfilling their obligations are guilty of fraud, negligence, or delay, and those who in any manner whatsoever act in contravention of the stipulations of the same, shall be subject to indemnify for the losses and damages caused thereby.

Art. 1102. Liability arising from fraud is de-mandable in all obligations. The renunciation of the action to enforce it is void.

Art. 1103. Liability arising from negligence is also demandable in the fulfillment of all kinds of obligations; but it may be mitigated by the court, according to the case.

Art. 1104. The fault or negligence of the debtor consists of the omission of the steps which may be required by the character of the obligation, and which may pertain to the circumstances of the persons, time, and place.

Should the obligation not state what conduct is to be observed in its fulfillment, that observed by a good father of a family shall be required.

Art. 1105. No one shall be liable for events which could not be foreseen, or which having been foreseen were inevitable, with the exception of the cases expressly mentioned in the law or those in which the obligation so declares.

Art. 1106. Indemnity for losses and damages includes not only the amount of the loss which may have been suffered, but also that of the profit which the creditor may have failed to realize, reserving the provisions contained in the following articles:

Art. 1107. The losses and damages for which a debtor in good faith is liable, are those foreseen or which may have been foreseen, at the time of constituting the obligation, and which may be a necessary consequence of its nonfulfillment.

In case of fraud, the debtor shall be liable for all those which clearly may originate from the nonfulfillment of the obligation.

Art. 1108. Should the obligation consist in the payment of a sum of money, and the debtor should be in default, the indemnity for losses and damages, should there not be a stipulation to the contrary, shall consist in the payment of the interest agreed upon, and should there be no agreement, in that of the legal interest.

Until another rate is fixed by the government, interest at the rate of 6 per cent per annum shall be considered as legal.

Art. 1109. Interest due shall earn legal interest from the time it is judicially demanded, even if the obligation should have been silent on this point.

In commercial transactions the provisions of the code of commerce shall be observed.

Pawn shops and savings banks shall be governed by their special regulations.

Art. 1110. A receipt from a creditor for the principal, without any stipulation regarding interest, extinguishes the obligation of the debtor with regard thereto.

The receipt for the last installment of a debt, when the creditor has made no reservation, shall also extinguish the obligation with regard to the previous installments.

Art. 1111. Creditors, after having attached the property of which the debtor may be in possession, in order to collect all that is due them, may exercise all the rights and actions of the latter for the same purpose, excepting those inherent in his person; they may also impugn the acts which the debtor may have performed in fraud of their right.

Art. 1112. All the rights acquired by virtue of an obligation are transmissible, subject to law, should there be no stipulation to the contrary.