Practice question
Carlo undertakes in a valid contract to repair Dina’s identified machine for an agreed price. The contract is binding, the machine and scope are specified, and Dina may demand the repair. Carlo argues that there is no obligation because no physical object passes into Dina’s ownership. Which analysis is correct?
- Correct, because obligations can concern only ownership transfers.
- Correct, because services can never be prestations.
- Correct, because the contract creates duties only after judgment.
- Incorrect, because the repair is a prestation to do, owed by Carlo to Dina through their binding legal relationship.
- Incorrect, because Dina must instead demand ownership of Carlo’s tools.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1156–1159 and1423.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: prestation as required conduct.
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